Somesh Mishra v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47615 of 2023 Applicant :- Somesh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Martand Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Manoj Kumar, Advocate holding brief of Sri Martand Kumar, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.1334 of 2022, under Sections 420, 467, 468, 471, 406, 504, 506 I.P.C., Police Station Indirapuram, District Ghaziabad, during the pendency of trial.

¶4As per prosecution case, the applicant is stated to be a highly connected person, as such, he had taken Rs.2.5 lakhs from the informant on the pretext that he shall be given a job as Class-IV employee in the Home Department at Delhi.

¶5Learned counsel for the applicant has argued that he has been falsely implicated in this case. There is no record of transfer of said amount to the applicant. Learned counsel has stated that the FIR is delayed by about more than three years and there is no explanation of the said delay caused. The applicant has no criminal history to his credit. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 21.9.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶8Let the applicant-Somesh Mishra, who is involved in aforementioned 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 following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate 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.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 7.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad