Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17775 of 2019 Applicant :- Vinay Mishra @ Vinay Kumar Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Vinay Mishra @ Vinay Kumar Mishra has prayed to release him on bail in Case Crime No. 234 of 2018, u/s 420, 467, 471, I.P.C., and Section 60/63 Excise Act, P.S. Ahraura, District Mirzapur.
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, on the basis of confessional statement made by co-accused, who have been enlarged on bail in this case crime number. He was neither apprehended on spot nor there was any recovery from him rather he was in jail in some other case crime No. 31 of 2011, in which he was enlarged on bail. Co- accused persons of present case crime number, who were apprehended on spot and from whose possession aove recovery was made, have been enlarged on bail by another co-ordinate Bench f this Court in Criminal Misc. Bail Application No. 46269 of 2018, vide order dated 4.12.2018. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Perusal of report reveals that it was got lodged against four named persons, in which three were apprehended on spot and present accused applicant was said to have fled from spot and those accused persons, who were apprehended on spot and from whose possession a recovery was there, have been enlarged on bail. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Vinay Mishra @ Vinay Kumar 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 :- 29.4.2019 Kamarjahan