Vineet Mishra v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10327 of 2024 Applicant :- Vineet Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Rama Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. In the prosecution case, it is alleged that on 8.4.2024, at about

10.15 a.m., two unknown persons wearing mask broke into the room of the victim and took the key of the store room and after beating she was tied and several articles of gold and silver have been looted. Learned counsel for the applicant submits that there is material with the prosecution to implicate him in this case. He has been falsely implicated only because of his criminal antecedents. No test identification parade has been conducted in this case. The recovered material has not been identified by the victim. Except the confessional statements of the applicant as well as co-accused persons, there is no other material with the prosecution. He is languishing in jail since 04.05.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the fact that charge sheet has been filed in the matter; the applicant is languishing in jail since

04.05.2024; he has explained his criminal antecedents; co-accused Shubhi Verma has been granted bail by this Court vide order dated 09.08.2024 passed in criminal misc. bail application No. 8657/2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Vineet Mishra, involved in Case Crime No.134 of 2024, under Section 394/411/452/120-B IPC,Police Station Cantt, District Faizabab (Now Ayodhya) be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) 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.

(iv) 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.

(v) 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.

(vi) 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. Order Date :- 18.12.2024 R.C. High Court of Judicature at Allahabad, Lucknow Bench