Virendra Kumar Mishra vs State of U.P.

Neutral Citation No. - 2025:AHC:46297

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9072 of 2025

Applicant :- Virendra Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant Virendra Kumar Mishra with a prayer to release him on bail in Case Crime No.614 of 2024, under Sections 420, 409, 467, 468, 471 I.P.C., P.S. Ramgarhtal, District Gorakhpur during pendency of the trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is alleged in the FIR that the applicant is an employee of Sri Ram Life Insurance Company. Company is engaged in business of life insurance of the public. Allegation against the applicant is that the applicant after receiving money has given forged receipt and embezzled an amount of Rs.4,49,527/-. Learned counsel for the applicant next submits that the applicant is an employee of the Company and allegation alleged against the applicant is false and baseless and not supported by any evidence. Investigating Officer has submitted charge-sheet against the applicant. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 26.01.1025 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Virendra Kumar Mishra, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Order Date :- 3.4.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Virendra Kumar Mishra v. State of U.P.

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Virendra Kumar Mishra v. State of U.P.

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