Saket Raj Mishra v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18933 of 2023 Applicant :- Saket Raj Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Avanish Kumar Srivastava,Hriday Raj Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Ashish Tripathi, Advocate holding brief of Sri H.R. Tripathi, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 005 of 2021, under Sections 419, 420, 467, 468, 471, 120B IPC and Section 66-D I.T. (Amendment) Act, 2008, Police Station Parikcetriya Cyber Crime Police, District Mirzapur during pendency of the trial.

¶3Learned counsel for the applicant submits that this is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court on merit vide order dated 12.01.2023 passed in Criminal Misc. Bail Application No. 52623 of 2022 and he is pressing the instant second bail application on the ground that applicant in the present matter is in jail since 27.12.2021 i.e. for almost two years and till date not even charges could be famed. He further submits that all the offences are triable by Magistrate-I class and applicant is not having any previous criminal history and other accused persons have been released on bail.

¶4Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶5I have heard learned counsel for the parties and perused the record of the case.

¶6However, this is second bail application filed on behalf of the applicant and his first bail application was dismissed on merit vide order dated 12.01.2023 but it appears that all the offences are triable by Magistrate-I class and applicant is in jail since

27.12.2021 i.e. for almost two years and till date not even charges could be framed. Further, number of other accused persons have been released on bail.

¶7Therefore, considering the fact that all the offences are triable by Magistrate-I class and applicant is in jail since 27.12.2021 i.e. for almost two years, in my view, applicant is entitled to be released on bail.

¶8Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶9Let the applicant -Saket Raj Mishra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶10In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶11It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.11.2023 AK Pandey High Court of Judicature at Allahabad