Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56754 of 2019 Applicant :- Shabhajeet Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 76 of 2019 under Sections 147, 148, 149, 448, 323, 504, 506, 452, 354/34 and 302 IPC, Police Station Phoolpur, District Prayagraj, with the prayer to enlarge the applicant on bail.
The prosecution case in brief as narrated in the first information report lodged by Smt. Sunita Devi on 19.2.2019 at 04:05 AM is that her mother-in-law had purchased a property in the year 1988 on which in the year 2008 a house was constructed. The first informant had given the house to her Phupha (uncle), Sabhajeet Mishra as a care taker, but his intention turned dishonest and he took its possession illegally. In this behalf her husband moved a release application before the S.D.M., Handiya in which order was passed in favour of her husband. It is stated that on 18.2.2019 in order to take possession of the house the first informant along with her husband, son Amit Kumar and brother Akhilesh Kumar went to the house and were sitting in a shop constructed on the same property whose key was given to the tenant adjacent to the shop. At about 4 PM, applicant and four others reached there and co-accused Sabhajeet exhorted other accused that the first informant and others have come to take possession of the house and on being objected the accused Sabhajeet snatched the licenced weapon of her brother and upon exhortation of co-accused Sabhajeet his son Satish Mishra (applicant) fired by revolver on her son Amit Kumar who sustained firearm injury and fell down. The police was also informed at 100 Number and then the deceased was taken to hospital where during treatment he succumbed.
Learned counsel for the applicants submits that present accused has been falsely implicated in this case and was assigned role of catching hold the deceased and the persons to whom assigned the main role was assigned have already been granted bail by another Bench of this Court vide order dated 19.06.2019 and 14.11.2019 passed in Crl. Misc. Bail Application No. 24662 of 2019 (Bablu @ Akhilesh Vs. State of U.P.) and Crl. Misc. Bail Application No. 46325 of 2019 (Satish Mishra Vs. State of U.P.). He further submits that accused-applicant is innocent and has no criminal history. Lastly it is argued that the applicant in jail since 18.10.2019, in case applicant is released, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Shabhajeet Mishra involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 20.12.2019 LBY