Sintu @ Sheshmani Mishra v. State of U.P. Thru. Secy. Deptt. of Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13753 of 2023 Applicant :- Sintu @ Sheshmani Mishra Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶2Learned A.G.A. informs that he has procured complete instruction in the matter including up-to-date case diary.

¶3Heard Shri Suyesh Pradhan, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶4This bail application has been moved on behalf of the applicant-Sintu @ Sheshmani Mishra for grant of bail, in Case Crime No. 48 of 2021, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station Kotwali Ayodhya, District-Ayodhya / Faizabad, during pendency of trial.

¶5Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the two cases mentioned in the gang chart. However, in the two cases mentioned in the gang chart, the applicant has been released on bail by a Co-ordinate Bench of this Court, vide orders dated

31.05.2023 and 16.10.2023 passed in Crl. Misc. Bail Application Nos. 12145 of 2022 and 12254 of 2023, copies of which have been placed on record at Page No. 30 and 33 (Annexure no. 3 and 4) of this bail application and apart from the aforementioned two criminal cases, there is no any other criminal case pending against the applicant.

¶6It is further submitted that identically placed co-accused persons, namely, Mohit Tiwari and Navin Pandey have been granted bail by this Court and by a Co-ordinate Bench of this Court and copy of these bail orders pertaining to the co-accused persons have been placed on record as Annexure No. 5 and 6 to the bail application. Applicant is in jail in this matter since

01.10.2020 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart.

¶7Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶8Having heard learned counsel for the parties and having perused the record, it is transpired from the record that applicant is involved in the two cases mentioned in the gang chart. However, in the two cases mentioned in the gang chart, applicant has been released on bail by a co-ordinate Bench of this Court. Apart from the above-mentioned case, applicant is not involved in any other case. Identically placed co-accused persons, namely, Mohit Tiwari and Navin Pandey have already been granted bail by this Court and by a Co-ordinate Bench of this Court. Applicant is in jail in this matter since 01.10.2020 and the presence of the applicant may be secured before the trial court by placing adequate conditions.

¶9Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶10Let the applicant-Sintu @ Sheshmani Mishra involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶13Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case. Order Date :- 29.11.2023 Praveen High Court of Judicature at Allahabad, Lucknow Bench