Anuj Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4732 of 2023 Applicant :- Anuj Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. Counsel for Applicant :- Sanjay Kumar Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Sri Sanjay Kumar, learned counsel for the accused-applicant and Si Brijendra Vikram Singh, learned A.G.A. and perused the record.

¶2This is the third bail application. First and second bail applications got rejected by this Court vide orders dated

12.4.2019 and 18.5.2022 passed in Criminal Misc. Bail Application Nos.8109 of 2018 and 13658 of 2021 respectively.

¶3The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.435 of 2018, under Sections 302, 201, 326-A, 364, 404 and 120-B IPC, Police Station Kotwali Sadar, District Lakhimpur Kheri.

¶4Allegation against the accused-applicant is that he in conspiracy with his wife, killed the deceased, Vijay Gupta on

12.5.2018. The motive for murder was that the deceased was having illicit relation with the wife of the accused-applicant. Accused-applicant has been in jail since 15.5.2018. There is no criminal history of the accused-applicant. Eight witnesses have already been examined in the court.

¶5Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

¶6Considering the above facts and circumstances of the case, long incarceration of the accused-applicant in jail pending trial, it would be appropriate to enlarge the accused-applicant on bail.

¶7Let applicant Anuj 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. Order Date :- 26.5.2023 Rao/- High Court of Judicature at Allahabad, Lucknow Bench