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Jai Prakash Mishra v/s State of U.P.

Company & Directors' Information:- R K MISHRA & COMPANY PVT LTD [Strike Off] CIN = U51109WB1990PTC049582

Company & Directors' Information:- R B MISHRA & CO PRIVATE LIMITED [Strike Off] CIN = U45200BR1981PTC001523

Company & Directors' Information:- S PRAKASH AND COMPANY LIMITED [Dissolved] CIN = U99999MH1938PTC002840

Company & Directors' Information:- MISHRA COMPANY PRIVATE LIMITED [Dissolved] CIN = U99999MH1958PLC011174

    Criminal Misc. Bail Application No. 20979 of 2020

    Decided On, 19 August 2020

    At, High Court of Judicature at Allahabad


    For the Applicant: Sarvagya Singh, Rajendra Singh, Advocates. For the Respondents: G.A.

Judgment Text

Video Link is not possible to be sent to the learned counsel for the applicant, Sri Rajendra Singh because of the network problem, hence learned counsel for the applicant could not be heard.

Heard Sri Arun Kumar Singh, learned A.G.A. appearing for the State and perused the record.

This bail application has been moved seeking bail in Case Crime No.435 of 2020 under sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Cantt., District Varanasi, during the pendency of trial.

As per FIR, which has been lodged by Incharge, Police Station Cantt. Varanasi Sri Ashwani Kumar Chaturvedi, he along with police team was on the petrolling duty and it was apprised to him by the general public that the applicant and other accused named in the FIR are hardened criminal and they were running organized gang and were involved in the cases of loot, dacoity, extortion etc. Against the accused-applicant Gangster Act has been imposed on the basis of two criminal cases i.e. case crime no.1132 of 2019, under sections 147, 149, 364A, 386, 392, 34, 323, 506, 368, 307, 342, 116, 120-B IPC, P.S. Cantt. District Varanasi, case crime no. 1168 of 2019 under section 147, 146, 149, 504, 506, 302, 307, 386, 34, 114, 120-B IPC and section 7 of Criminal Law Amendment Act, P.S. Cantt. District Varanasi and in both these cases, he has been granted bail by the Coordinate Bench of this Court vide order dated 25.2.2020 passed in Crl. Misc. Bail Application No.6633 of 2020 and vide order dated 18.6.2020 passed in Crl. Misc. Bail Application No.11721 of 2020, copies of the orders are annexed at pages 34 to 39 of the paper book. Beside these cases, the applicant has three more criminal cases which are explained in paragraph no. 8 of the affidavit and in all these cases he has been granted bail. The accused-applicant is lying in jail since 24.11.2020.

Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.

Looking to the fact that the accused-applicnt has already been granted bail in all the cases on the basis of which the Gangster Act has been imposed, taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.

Let the applicant Jai Prakash Mishra involved in aforesaid case crime 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 that:

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

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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

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

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepte

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d. Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.