Anirudda Mishra @ Anuruddh Prasad Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2975 of 2023 Applicant :- Anirudda Mishra @ Anuruddh Prasad Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Santosh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Santosh Kumar Tripathi, the learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, learned A.G.A. appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 307 of 2023, under Sections 323, 308, 504, 506 I.P.C., registered at Police Station Mnkapur, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged at 08:42 hours on 28.05.2023 against four persons, including the applicant, his two brother and a son, stating that the accused persons had assaulted the informant because of a property dispute and when some family members tried to save him, they were also beaten up. The informant has suffered a fracture and three other persons have suffered simple injuries.

¶4An F.I.R of the incident was lodged from the side of the applicant also on the same date at 14:02 hours against four persons, alleging assault made by them. Two persons from the applicant side including the applicant himself and his brother Anand Mishra have received injuries in the incident and copies of their injury reports have been filed along with the supplementary affidavit.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place because of a property dispute between the parties; that the persons from both the sides have received injuries in the incident and the F.I.R has been lodged from both the sides and that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶7In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Anirudda Mishra @ Anuruddh Prasad Mishra before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 20.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench