Shri Bhushan Mishra and Another v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11229 of 2023 Applicant :- Shri Bhushan Mishra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Sandeep Pandey, learned counsel for the applicants and Sri Yogesh Mishra, learned A.G.A. for the State and also perused the material available on record.

¶3The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 205 of 2023, under Sections 498-A, 323, 324, 504, 506 of IPC, Police Station Kotwali Dehat, District Mirzapur, with a prayer to enlarge them on anticipatory bail.

¶4Learned counsel for the applicants has stated that the applicants are the father-in-law and mother-in-law of the informant. There are particular allegation of assault against the sister-in-law Saumya. The case of the applicants is at a different footing to the case of co-accused Saumya and Piyush Mishra (husband). Learned counsel has further stated that they are maliciously being prosecuted in the present case owing to their relationship with the co-accused persons. They have apprehension of their arrest. They have nothing to do with the said offence as alleged by the prosecution.

¶5Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. It is further submitted that the applicants have no criminal history. In case, the anticipatory bail application of the applicants is allowed, they will not misuse the liberty and shall cooperate with trial.

¶6On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history.

¶7Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicants are entitled to be granted anticipatory bail in this case.

¶8Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed.

¶9In the event of arrest of the applicants, Shri Bhushan Mishra and Indu Mishra involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicants shall make themselves available for interrogation by a police officer as and when required; ii. that the applicants 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; iii. that the applicants shall not leave India without previous permission of the court; iv. that the applicants shall not tamper with the evidence during the trial; v. that the applicants shall not pressurize/ intimidate the prosecution witness; vi. that the applicants shall appear before the trial court on each date fixed unless personal presence are exempted;

¶10In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

¶11It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 18.10.2023 Siddhant High Court of Judicature at Allahabad