Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19611 of 2010 Petitioner :- Vinod Mishra Respondent :- State U.P. Petitioner Counsel :- A.P. Tewari,S.S.Tripathi Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the
State.
It is contended by the learned counsel for the applicant that the applicant was
allowed bail by this Court on 11.11.2009 and two conditions were imposed.
When the applicant did not comply with condition no. 2 of the bail order, he
was sent to jail. It is further contended that the applicant was not aware of the
proceeding under section 302 IPC although he was appearing in the court in
connection with proceedings under section 25 Arms Act case.
Learned counsel for the complainant Sri Pankaj Satsangi & Sri Manish
Tiwary contended that the bail order was granted by Hon’ble Ravindra Singh,
J. and this bail application may be sent to His Lordship for consideration.
Learned A.G.A. supported the arguments of the learned counsel for the
complainant.
Merely because the applicant has failed to appear in the court of CJM as
directed by this Court under condition no. 2 in the bail order, the applicant
was sent to jail although he was regularly attending proceedings under section
25 Arms Act case. The applicant is in jail since 2.6.2010.
Considering the facts and circumstances of the case and submissions made by
the learned counsel for the applicant and without expressing any opinion on
the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Vinod Mishra involved in Case Crime No. 714 of 2009
under Sections 302, 323, 504 IPC Police Station Bilsi, District Budaun be
released on bail on his furnishing a personal bond with two heavy sureties
each in the like amount to the satisfaction of the court concerned subject to
the following conditions:-
1. The applicant shall not indulge in any such activity in future.
2. The applicant shall not pressurise/intimidate the prosecution witnesses and
evidence during trial.
3. The applicant will appear before the trial court on the date fixed.
In defiance of any of the aforesaid conditions, the court below will be at
liberty to cancel the bail of the applicant.
Order Date :- 29.7.2010
SU.