Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42359 of 2021 Applicant :- Dayashankar Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Pratap Kanchan Singh Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra
Hon'ble Samit Gopal,J.
Heard Sri Pratap Kanchan Singh, learned counsel for the applicant, Sri Pradeep Kumar Mishra, learned counsel for the first informant, Sri Satish Pandey, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Dayashankar Mishra, seeking enlargement on bail during trial in connection with Case Crime No. 115 of 2021, under Sections 147, 323, 506, 302 of IPC, registered at P.S. Rampur, District- Jaunpur.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that applicant was previously reported to be involved in one case but in the said case his involvement was not found and as such he was exonerated therein. Para 5 of the supplementary affidavit dated 08.12.2021 has been placed before this Court. It is further argued that identically placed co-accused persons, namely, Suresh Mishra, Siddhanat @ Siddhinath and Arun Kumar Mishra have been enlarged on bail vide orders dated 15.11.2021, 2.12.2021 & 17.12.2021 passed in Criminal Misc.
Bail application Nos. 43704 of 2021, 42200 of 2021 and 43649 of 2021, respectively. Copies of the bail orders of the aforesaid accused person have been produced before this Court and the same are taken on record. The applicant is languishing in jail since 10.08.2021.
Per contra, learned counsel for the first informant as well as learned A.G.A. for the State opposed the prayer for bail and argued that applicant is named in the First Information Report and there is an allegation against him. Although, orders of co- accused persons, who have been granted bail are not disputed.
After having heard learned counsels for the parties and perusing the records, it is evident that three co-accused persons have been granted bail and the case of the applicant is identical to those accused persons.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Dayashankar Mishra, be released on bail in the aforesaid case crime number on 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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 her in accordance with law and the trial court may proceed against her under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
Order Date :- 22.12.2021 Sachin/-
(Samit Gopal,J.)