Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55794 of 2019 Applicant :- Jagat Narain Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Rashid Siddiqui,Abhinav Gaur,Ankit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Ankit Shukla assisted by Sri Anoop Trivedi, learned Senior Advocate, learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Jagat Narain Mishra, who is involved in Case Crime No. 146 of 2010, under Sections 419, 420, 467, 468, 471 and 409 IPC, Police Station Kotwali, District Varanasi is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. The main substratum of argument of learned counsel for the applicant is that the applicant is in jail in this case since 27.7.2010, the averment in this regard has been mentioned in para 43 of the bail application. It is further submitted that in the trial, the informant Narendra Kumar son of Chunni Lal has been examined as PW-1, who in his cross-examination dated 7.1.2012 has clearly stated that the applicant Jagat Narain Mishra is not the same person to whom he had given Kishan Vikar Patra in question, as such informant during trial has not identified the present applicant as an accused. The photocopy of the statement of PW-1 Narendra Kumar has been brought on record as S.A.-1 to the supplementary affidavit filed today. It is also submitted that on the basis of evidence, which has come on record after examination of informant Narendra Kumar, the prosecution case against the applicant has become false. Apart from this, the applicant is entitled for benefit of Section 436-A of Cr.P.C. considering the fact that he is in jail since 27.7.2010. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Jagat Narain 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 will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.12.2019 Mini