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Vinay Mishra vs State Of U P

High Court Of Judicature at Allahabad|20 September, 2018
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JUDGMENT / ORDER

Reserved
Delivered on 20.9.2018
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19842 of 2016 Applicant :- Vinay Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Sahu,Abhishek Pandey,Sushil Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Abhishek Pandey, learned counsel for applicant, Sri Birendra Singh Rajbhar, the learned A.G.A.
Applicant - Vinay Mishra seeks bail in Case Crime No.241/2015, under Section 302, 201 IPC, P.S. Fazalganj, District - Kanpur Nagar.
The prosecution case in brief is that husband of the informant went to deposit electricity bill on 27.11.2015 on a motorcycle at 5:00 P.M, as he did not return, son of the informant contacted him on his mobile at 10:00 P.M same day, who informed that he has come to see a vehicle at village Bhauti, thereafter when he did not return, she made due search after which filed a missing report next day, i.e, 28.11.2015, subsequent she came to know that on date of occurrence her husband at about 7:00 P.M, met one Sanjay, from whose phone, he called applicant Vinay Mishra, as his phone was out of order, on his mobile number- 8953453597 and told him that he is going to meet the applicant. On 28.11.2015, an intimation of recovery of dead body was given by one Ajay Kumar to the Police Station concerned, which turned out to be that of the husband of the informant, identified by her. It is further submitted that according to the case of prosecution, the deceased had gone to collect his mobile phone from the applicant, but as he did not return, it is alleged that the applicant murdered the husband of the informant. It is finally submitted that the recovery of a motorcycle at the alleged pointing out of the applicant from a public place (railway yard), is highly suspicious, applicant claims to have no previous criminal history, is languishing in jail since 6.12.2015, undertakes not to misuse the liberty, he be enlarged on bail.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Vinay Mishra involved in aforesaid case 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 with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(ii) 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.
(iii) In case, the applicant misuses the liberty of bail during trial 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 absence of the applicant is or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 20.9.2018 N.S.Rathour
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Title

Vinay Mishra vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
20 September, 2018
Judges
  • Pankaj Naqvi
Advocates
  • Ravi Sahu Abhishek Pandey Sushil Kumar Sharma