Rupesh Kumar Mishra v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37977 of 2023 Applicant :- Rupesh Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

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

¶2In terms of the FIR, it was alleged that the accused had caused injuries. It is argued by counsel for the applicant that the allegation of burning of motorcycle would not attract the rigour of Section 436 IPC, which is confined to destruction of any building which is used as a place of worship or as a human dwelling or a place for the custody of property.

¶3Learned AGA has opposed the bail application.

¶4Considering the submissions and the fact that no substantial injury is shown coupled with the fact that the applicant has no criminal antecedent, the applicant who is in custody since 05.03.2023, is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Rupesh Kumar Mishra be released on bail in FIR No.50 of 2023, under Section 323, 504, 436 IPC, P.S. Uska Bazar, District Siddharth Nagar on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant 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. Order Date :- 21.11.2023 nishant High Court of Judicature at Allahabad