Allowed

Shivansh Mishra @ Devarshi Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Allahabad HC26 Feb 2024BAIL/2218/2024

Case brief

AI extract

What is this about?

The court allowed a bail application filed by an accused in a case under Sections 308, 394, and 411 IPC. Finding the applicant entitled to bail despite involvement noted in a co-accused confession, the court ordered his release subject to strict conditions regarding trial attendance and evidence tampering.

What did the court decide?

Applicant released on bail by furnishing personal bond and two reliable sureties subject to specified conditions, with direction to trial court to conclude trial expeditiously.

Shivansh Mishra @ Devarshi Mishra vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:26903

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Court No. - 8

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2218 of 2024

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Applicant :- Shivansh Mishra @ Devarshi Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Rama Niwas Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime No.533 of 2022, under Sections 308, 394, 411 I.P.C., Police Station - Inayat Nagar, District - Ayodhya/Faizabad, with the prayer to enlarge him on bail.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 20.11.2023. He further submits that on the basis of confessional statement of co-accused, involvement of the applicant was found in the present case. He further submits that he does not have any criminal antecedent and charge sheet has already been filed. He further submits that he is ready to cooperate in the trial and will not involve in any illegal activities in the future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for grant of bail and submits that he is not cooperating in the investigation, but he does not dispute this fact that involvement of the applicant was found in the confessional statement of the co-accused.

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Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., confessional statement of the co-accused, other relevant documents, nature of offence as well as facts and circumstances of the case, I am of the view that

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the applicant is entitled to be released on bail.

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Let applicant - Shivansh Mishra @ Devarshi Mishra - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the

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applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties.

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Order Date :- 1.4.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Shivansh Mishra @ Devarshi Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

Shivansh Mishra @ Devarshi Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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