Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32526 of 2019 Applicant :- Grish Chandra Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Jawahar Lal Pandey Counsel for Opposite Party :- G.A.,Amit Pandey Hon'ble Virendra Kumar Srivastava,J.
Sri Sarveshri Prasad, learned Advocate appearing for (victim) has filed Criminal Misc. Impleadment Application and submitted that the same may be treated as counter affidavit, is taken on record.
The instant bail application has been filed for bail of applicant- Girish Chandra Mishra, involved in Case Crime No. 147 of 2019, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Echotech-III, District Gautam Buddh Nagar.
Heard Sri Jawahar Lal Pandey, learned counsel for the applicant, learned AGA for the State and Sri Sarveshri Prasad, learned counsel appearing for the victim and peruse the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case due to the property dispute arising out of civil suit no. 186 of 2017 (Gyanvati Mishra vs. Sumit Singhal). Gyanvati Mishra is the mother of the applicant. Learned counsel has further submitted that the cases mentioned in the gang-chart i.e. Case Crime Nos. 81/2017; 94/2017 and 97/2017 are related to P.S. Ecotech-III District Gautam Buddh Nagar, were filed by Sumit Singhal; the applicant has already been released on bail in all the cases shown in the gang-chart. Applicant is a retired army man. Applicant is neither a member nor a gang leader of any gang and also not committed any offence pertaining to gangster act. He is law abiding person and languishing in jail since 23.7.2019. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. and learned counsel appearing for victim/ informant have vehemently opposed and submitted that the applicant is a professional criminal and land grabber, hence, he is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant- Grish Chandra Mishra involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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 (iv) argument/judgement.
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.
Order Date :- 22.8.2019 Saurabh