Raj Kumar Mishra v. State of U.P. Thru. Prin. Secy. (Home), Govt. U.P. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13154 of 2023 Applicant :- Raj Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Govt. U.P. Lucknow Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Abhinav Singh, Advocate holding brief of Sri Ramakar Shukla, the learned counsel for the applicant, Sri Anant Pratap Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.289 of 2022, under Sections 147, 148, 307, 504 I.P.C., registered at Police Station Dhammaur, District Sultanpur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.10.2022 against six persons, including the applicant alleging that all the accused persons had assaulted the informant's son with knives.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed in para 20 of the affidavit, in which he has been granted bail.

¶5The learned counsel for the applicant has submitted that other five co-accused persons have been granted bail in the present case and copies of their bail orders have been annexed as Annexure No.7 onwards to the instant application.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant also on bail in the aforesaid crime on the ground of parity.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Raj Kumar 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 7.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench