Allahabad High Court
Durgesh Kumar Mishra @ Durgesh Prasad ... vs State Of U.P. on 2 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8876 of 2023 Applicant :- Durgesh Kumar Mishra @ Durgesh Prasad Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Singh,Abhishek Chauhan Counsel for Opposite Party :- G.A.,Santosh Kumar Tiwari Hon'ble Arun Kumar Singh Deshwal,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.613 of 2022, under Sections 419, 420, 467, 468, 471, 406, 120-B IPC and 65 I.T. Act, Police Station Sahjanawa, District Gorakhpur during the pendency of the trial.
It is contended by learned counsel for the applicant that the applicant was simply a labour and only because of an amount of Rs.35,276/- was credited in his account as advance salary, he was falsely shown to be part of the present case who has conspired in embazellment of excess salary of employee of Gallantt Ispat Limited and other persons. It was further contended that other co-accused persons namely Arun Kumar Sharma, Sujeet Srivastava and Harikesh Tiwari have been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.8964 of 2023, 9674 of 2023 and 7763 of 2023 vide order dated 28.02.2023 and the applicant is seeking parity of the order aforesaid. After perusal of the bail orders granted to co-accused persons, it is clear that the case of the applicant is on better footing of those accused persons, who are released on bail. The applicant is languishing in jail since 30.12.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
On the other hand, learned counsel for the informant contended that all these accused persons have conspired together to cheat the company as such he is not entitled to be released on bail.
Learned A.G.A. has also opposed the prayer for bail and submits that though the applicant has parity with the co-accused persons, who were granted bail by a co-ordinate Bench of this Court but the applicant is involved in cheating with the company for misappropriation of excess salary.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Durgesh Kumar Mishra @ Durgesh Prasad Mishra, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses; and,
3. The applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 2.3.2023 A.Kr.