Allahabad High Court
Chandan Mishra @ Ved Prakash Mishra vs State Of U.P. Thru. Prin. Secy. Home Lko. on 30 January, 2023
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1105 of 2023 Applicant :- Chandan Mishra @ Ved Prakash Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Randhir Singh,Sandeep Kumar(Trivedi) Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Randhir Singh, learned counsel for the applicant and learned A.G.A. for the State.
As per learned counsel for the applicant, the present applicant is in jail since 05.08.2022 in Case Crime No.434 of 2022, under Section 302 IPC, Police Station ? P.G.I., District ? Lucknow.
Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. However, the present applicant is named in the FIR on the basis of statement of the alleged eye witnesses. Similar allegation has been levelled against one Deepak Jaiswal and Monu Dixit alias Ashish Dixit. Those statements have been enclosed with the bail application wherein no specific allegation of assault/ beating has been levelled against the present applicant, rather general allegation has been levelled against all accused person. Learned counsel has further submitted that no incriminating material has been recovered suggesting the culpability of the present applicant. The present applicant is having no prior criminal history of any kind whatsoever. Attention has been drawn towards Annexure No.1 of the supplementary affidavit, which is a bail order dated 10.01.2023 granted by this Court in favour of co-accused Deepak Jaiswal in Criminal Misc. Bail Application No.400 of 2023 and similar role has been attributed to the present applicant, therefore, on the basis of principles of parity, the present applicant may be released on bail. He has further submitted that charge sheet has been filed. The applicant undertakes that he shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.
Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.
Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that in the statements of the eye witnesses, no specific allegation of assault/ beating has been levelled against the present applicant, rather general allegation has been levelled against all accused persons; charge sheet has been filed; the fact that co-accused Deepak Jaiswal, having similar role, has been enlarged on bail and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.
Let applicant- Chandan Mishra alias Ved Prakash Mishra be released on bail in the aforesaid case crime number 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:-
(i) 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.
(ii) 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 of the Indian Penal Code.
(iii) 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. 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 of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the 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.
(v)The applicant shall not leave India without previous permission of the court.
[Rajesh Singh Chauhan,J.] Order Date :- 30.1.2023 /RBS/-