Ajay Kumar Mishra @ Atul Kumar Mishra vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 10948 of 2024

Ajay Kumar Mishra @ Atul Kumar Mishra

.....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another .....Opposite Party(s) Counsel for Applicant(s) : Yogendra Nath Yadav, Amit Yadav, Saurabh Yadav, Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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

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In the prosecution case, it is alleged that on 30.04.2018, at about 2:30 P.M, a person named Atul Kumar Mishra i.e. the applicant purchased jewellery of Gold and Silver worth Rs. 5,83,197/-, the payment of which was made through a cheque, but the said cheque has been found to be forged.

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Learned counsel for the applicant submits that the applicant has already been incarcerated for more than seven years and he is languishing in jail since 31.08.2018. He further submits that the said offences are triable by the Magistrate. The applicant has explained the criminal history of five cases in the affidavit filed alongwith the bail application.

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It is further submitted that the there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Considering the arguments advanced by learned counsel for the parties, perused the report of the trial court which shows that till 19.12.2024, only P.W1 was examined, it appears that the trial is not likely to be concluded in the near future, the fact that the applicant is languishing in jail since 31.08.2018; the fact that the offences are triable by Magistrate as also the period of incarceration i.e. more than seven years, this Court finds it to be a fit case for granting bail to the applicant.

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BAIL No. 10948 of 2024

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2

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7. Accordingly, the bail application is allowed .

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Let the applicant Ajay Kumar Mishra @ Atul Kumar Mishra involved in Case Crime/FIR No. 0216 of 2018, Under Sections- 406, 420, 467, 468, 471 I.P.C, Police Station- Aliganj, District- Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(v) 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 in accordance with law.

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(vi) 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. (now Section 84 BNSS) is issued and the 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 (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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October 13, 2025 DiVYa

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kumar Mishra @ Atul Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

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Ajay Kumar Mishra @ Atul Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

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