Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19732 of 2019 Applicant :- Harikesh Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Roy Sharma,Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.,Deepak Dubey
Hon'ble Mrs. Sunita Agarwal,J.
Counter affidavit, rejoinder affidavit, supplementary affidavit and personal affidavit of the Senior Superintendent of Police, Prayagraj filed today are taken on record.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed by the applicant Harikesh Mishra son of Sri Bhagwan Mishra, resident of Saurmau, Police Station Kotwali, District Sultanpur with the prayer to release him on bail in Case Crime No. 0853 of 2018, under Section 302 I.P.C., Police Station Colonalganj, District Allahabad during the pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the alleged crime committed in the intervening night of 31.10.2018/1.11.2018 in P.C. Benerji Hostel, Colonolganj, Allahabad.
It is contended that some celebration was going on in the hostel premises and the applicant was present there to attend the same. In the first information report, in fact, no specific role has been assigned to the applicant. The allegation of one criminal history in Case Crime No. 668 of 2017 under Sections 147, 148, 149, 286, 386, 506, 507 I.P.C. Police Station Colonelganj, District Allahabad, is also a concocted story. The applicant has been granted bail by the Sessions Court in the aforesaid Case Crime No. 668 of 2017 vide order dated 14.5.2019.
The co-accused Saurabh Singh @ Prince who is named in the first information report has been granted bail by this Court on 31.7.2019.
Learned A.G.A., on the other hand, has opposed the prayer for bail and contends that the recovery of firearm has been made from the person of the applicant. He was accompanying the main accused Ashutosh Tripathi. In case, the applicant is released on bail, he will indulge in similar activities in future.
Having considered the submissions of learned counsel for the applicant and learned A.G.A. and noticing the fact that the co- accused in the incident in question has been granted bail by this Court, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant namely Harikesh Mishra is entitled to be released on bail.
Let applicant Harikesh Mishra son of Bhagwan Mishra, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses;
(ii) 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;
(iii) 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;
(iv) 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; and
(v) The applicant shall remain present, in person, before the trial court on the 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 him in accordance with law.
Order Date :- 27.11.2019/Brijesh