Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23453 of 2019 Applicant :- Nityya Nand Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Nityya Nand Mishra has prayed to release him on bail in Case Crime No.090 of 2019, u/s 419, 420, 467, 468, 471 I.P.C., P.S. Patiali District Kashi Ram Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. The applicant is posted in District Rural Development Arrangement Department, District Kashi Ram Nagar. He is of no concern with the alleged occurrence in which an application and supplementary affidavit d application was moved before The Chief Minister for getting transfer of named accused Maharaj Singh by his wife and on that application an order was passed. Subsequently it was found forged and fictitious application as well as forged order over it for which departmental proceeding took place against the accused Maharaj Singh. The report was got registered but in the statement of Maharaj Singh recorded under section 161 Cr.P.C. the name of the accused applicant was taken and on the basis of it, the applicant has been falsely implicated as an accused in the present cases. He is of no criminal antecedent till above date. Subsequently he has been implicated in other cases also and this was false implication. There is no likelihood of fleeing from the course of justice or tampering with the evidence, if he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application with the contention that previous conduct of the accused applicant is of alike nature and Maharaj Singh was held to be with no part rather the fraud was committed by the accused applicant.
The name of the accused applicant surfaced in the statement of the accused Maharaj Singh who was beneficiary of above fraudulent act. The investigation by way of handwriting expert etc. fixing the role of accused applicant in sending the above the application is there in case diary.
Having heard counsel for the both the parties and gone through the material placed on record and the fact that the applicant is government servant and is in jail for more than two months but without commenting on merit of the case this court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant Nityya Nand Mishra involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 Rk