Pankaj Kumar Mishra v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42087 of 2023 Applicant :- Pankaj Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan,Saddam Husain Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Saddam Husain, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of this bail application, applicant seeks bail in Case Crime No.214 of 2023, under Sections 420, 467, 468, 471, 34 IPC, Police Station Nautanwan, District Maharajganj, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further contended that similarly placed co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide order dated 21.09.2023 passed in Criminal Misc. Bail Application No.41043 of 2023 (Amresh Shukla Vs. State of UP), order dated 27.09.2023 passed in Criminal Misc. Bail Application No.41958 of 2023 (Puleshwar Nath Dubey @ Ravindra Dubey Vs. State of UP), order dated 27.09.2023 passed in Criminal Misc. Bail Application No.41929 of 2023 (Manoj Kumar Yadav Vs. State of UP), order dated 03.10.2023 passed in Criminal Misc. Bail Application No.41996 of 2023 (Ajay Chauhan Vs. State of UP) and the order dated 09.10.2023 passed in Criminal Misc. Bail Application No.39607 of 2023 (Shreenath Dubey Vs. State of UP). There is no previous criminal case against the applicant. He next submitted that since the role of the applicant is identical to that of the aforesaid co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 23.07.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4The prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspects of parity to the co-accused could not be disputed.

¶5Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicant has made out a case for grant of bail on the ground of parity.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant - Pankaj Kumar Mishra, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 17.10.2023 Shahroz High Court of Judicature at Allahabad