Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36251 of 2018 Applicant :- Madindra Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Dwivedi,Rajiv Lochan Shukla,Ramesh Kumar Shukla Counsel for Opposite Party :- G.A., ,Mohd. Shoeb Khan
Hon'ble Sanjay Kumar Singh,J.
Heard 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, who is involved in Case Crime No. 184 of 2014, under Sections 394, 302 and 120- B IPC, police station Taryasujan, district Kushinagar, 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. He next submitted that the co-accused, namely, Shambu Pandey has been granted bail by the court below vide order dated 20.7.2016 in Bail Application No. 19676 of 2014 and co-accused, Babloo Pandey has been enlarged on bail by the coordinate Bench of this Court vide order dated 9.3.2016 passed in Criminal Misc. Bail Application No. 19678 of 2014 therefore, on the ground of parity, the applicant is also entitled to be released on bail. 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. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 28.3.2018. 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 A.G.A. 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, Madindra 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 :- 28.11.2019 Sumaira