Allowed

Babu Ram Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Allahabad HC11 Jan 2024BAIL/223/2024

Case brief

AI extract

What is this about?

The High Court granted bail to Babu Ram Mishra in an alleged murder case. Relying on the principle of parity, the Court held that since co-accused in the same FIR were already released, the applicant must also be released.

What did the court decide?

Release on bail by furnishing personal bonds and two sureties of Rs. 25,000 each subject to standard conditions regarding attendance, non-offence, and non-interference.

Babu Ram Mishra vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3040

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 223 of 2024

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Applicant :- Babu Ram Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Counsel for Applicant :- Raj Kumar Singh,Amit Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.114 of 2023, under Sections 302, 201 IPC, Police Station Mahanagar, District Lucknow.

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3 . It is argued by the Counsel for the applicant that two of the co-accused, namely, Udaibhan Mishra and Sheela Mishra have been enlarged on bail vide orders dated 22.08.2023 (Criminal Misc. Bail Application No.9251 of 2023) and 07.07.2023 (Criminal Misc. Bail Application No.8464 of 2023) respectively on the same allegations.

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4. Learned A.G.A. vehemently opposed the bail prayer.

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5. Considering the fact that the aforesaid co-accused persons have been enlarged on bail on the same allegations, I am of the view that the applicant is entitled to be released on bail on the ground of parity. Accordingly, the bail application is allowed .

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6. Let the applicant Babu Ram Mishra be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 11.1.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Babu Ram Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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Babu Ram Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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What the court decided

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