Dharmendra Mishra v. State of U.P. and 3 Others

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37871 of 2023 Applicant :- Dharmendra Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhir Kumar Agarwal,Sarvendra Dwivedi Counsel for Opposite Party :- G.A.,Vijay Kumar Dwivedi Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State, Sri Vijay Kumar Dwivedi, learned counsel for the informant and perused the record.

¶2By means of this bail application, applicant seeks bail in Case Crime No.27 of 2023, under Sections 323, 504, 354Kha IPC and Section 7/8 POCSO Act, Police Station Sarai Mamrej, District Prayagraj, during the pendency of trial.

¶3Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present case. The allegation against the applicant to molest her real daughter is beyond imagination. It is further contended that after lodging the FIR, victims were medically examined but no injury, internal or external, was found on their person. The victim (daughter) in her statements under Sections 161 and 164 CrPC has not supported the prosecution version. It is also contended that the victims themselves have given an application before the court below stating that they have no objection if the applicant has been granted bail. There is no criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 01.03.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶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. Accordingly, the bail application is allowed.

¶6Let the applicant - Dharmendra 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.

¶7In 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 :- 30.10.2023 Shahroz High Court of Judicature at Allahabad