Bittu Mishra@ Ratnesh Mishra v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40497 of 2023 Applicant :- Bittu Mishra@ Ratnesh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

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

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.619 of 2016, under Sections 147, 148, 149, 307, 325, 332, 353, 342, 427, 436, 336, 504, 506, 323 IPC, Section 7 of the Criminal Law Amendment Act and Section 3 of the Prevention of Damage to Public Property Act, Police Station Shahpur, District Gorakhpur, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR. His name has come into picture during the investigation. No specific role has been assigned to him. There is criminal history against the applicant in which he has already been enlarged on bail which has been explained in paragraph-18 of the affidavit filed in support of the bail application. There is no likelihood of his abscondence or tampering with the evidence. He is in jail since 24.07.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has vehemently opposed the prayer for bail. However, he could not dispute the aforesaid submissions advanced by the counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Bittu Mishra@ Ratnesh Mishra, involved in the aforesaid case 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 :- 9.11.2023 Shahroz High Court of Judicature at Allahabad