Dinesh Kumar Mishra v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50540 of 2023 Applicant :- Dinesh Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Hardev Prajapati Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 217 of 2023, under Sections 498-A, 323, 504, 506, 495, 420, 307/34, 406 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Amapur, District Kasganj during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The instant case arises out of matrimonial discord between the parties. The applicant is husband of the informant. In the alleged incident the victim has not sustained any injury. No demand of dowry has been raised by the applicant. The applicant has not performed second marriage. The applicant is in jail since 07.09.2023 having no criminal history and if he is released on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the instant case arises out of matrimonial discord between the parties. In the alleged incident the victim has not sustained any injury. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost two and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Dinesh Kumar 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 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; and,

(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 :- 28.11.2023 SKT/- High Court of Judicature at Allahabad