Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39327 of 2019 Applicant :- Om Prakash Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Desh Ratan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Ms. Akansha Mishra, learned counsel, holding brief of Sri Desh Ratan Chaudhary, learned counsel for the applicant and Sri Rajesh Mishra, learned A. G. A. appearing for the State and perused the record..
Applicant has moved the present anticipatory bail application seeking bail in Case Crime No.82 of 2007, under Sections 419, 420, 463, 464, 465, 466, 467, 468, 469, 470, 471, IPC, Police Station Holagarh, District Allahabad.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
The contention of the counsel for the applicant is that applicant has been falsely implicated in the present case; that the FIR is of the year 2007 and till date investigation has not been completed; that applicant is willing to participate and cooperate with the investigation and there are no likelihood that the applicant is absconding or not participating with the investigation; that co-accused namely Sunil Kumar, Jag Lal @ Jagannath, Rajendra Kumar Tripathi, Suraj Pal Pate and Jagat Bhadur, have already been granted anticipatory bail, copy of the order produced by the counsel for the applicant is taken on record, with whom parity has been claimed; that the money which is said to be emboweled has already been deposited by the applicant; that the matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned AGA appearing for the State has opposed the prayer for anticipatory bail of the applicant, but could not dispute the aforesaid facts as argued by the counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Om Prakash Mishra, involved in the aforesaid case, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police office;
(iv) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.9.2019 VKG