Devendra Mishra v. State of U.P

217Neutral Citation No. - 2023:AHC:224044

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49208 of 2023 Applicant :- Devendra Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Hardev Prajapati Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

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

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.217 of 2023 under Sections 498-A, 323, 504, 506, 495, 420, 307/34, 406 IPC and 3/4 Dowry Prohibition Act Police Station Amapur District Kasganj.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The applicant is the brother in law (Devar) of the victim. It is further submitted that there is no medical report annexed. The witnesses, namely, Kumarpal, Chandra Prakash, Munesh and Veenu in their statement recorded under Section 161 Cr.P.C have not assigned any role to the applicant in the incident. It is stated that the applicant is issueless and there is no motive to harass the victim as the property of the father of the applicant has to go to the son of the victim herself. It is further submitted that the applicant is suffering from cardiological disease and the applicant has undergone surgery relating to the aforesaid diesese. Medical papers are also brought on record as annexure No. 5 to the affidavit filed in support of the bail application. The applicant has no criminal history apart from the instant case. The applicant is languishing in jail since 07.09.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶5Considering the facts and circumstances of the case and taking into account that the applicant is the brother in law of the victim who is married to one Renu, the witness in their statement recorded under Section 161 Cr.P.C has not assigned any role to the applicant, no allegation of misappropriation is levelled by the informant against the applicant, the applicant is suffering from various cardiological disease, the applicant has no criminal history apart from this case and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

¶7Let applicant Devendra Mishra be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 28.11.2023 Nadeem High Court of Judicature at Allahabad