Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21039 of 2020 Applicant :- Satyam Mishra @ Rajan Mishra Opposite Party :- The State Of U.P.
Counsel for Applicant :- Shri Ram Pandey,Kaushal Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that initially in the matter F.I.R. was lodged for the offence under Sections 323, 504 and 308 IPC. Applicant was enlarged on bail in the said sections. Thereafter, offence under Section 354 IPC was also added during investigation. It is next contended that deceased was under treatment and died on 17.2.2020 and thereafter case was converted into the offence under Section 304 IPC also. Referring to bail order passed for the offence under Sections 323, 504 and 308 IPC it is also submitted that on the basis of same set of facts applicant was enlarged on bail and has not misused the liberty of bail. Offence under Section 304 IPC is not attracted. The applicant has no criminal history. He is languishing in jail since 16.3.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Satyam Mishra @ Rajan Mishra involved in Case Crime No. 332 of 2019, under Sections 304 IPC and 7/8 POCSO Act, P.S. Barhaj, District - Deoria be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.4.2021 safi