Rajendra Prasad Misra Vs. The State Of U.P

Allahabad High Court (Single Judge)

SPECIAL APPEAL DEFECTIVE, 4568 of 2015, Judgment Date: Jun 08, 2015

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 17 

Case :- BAIL No. - 4568 of 2015 

Applicant :- Rajendra Prasad Misra 
Opposite Party :- The State Of U.P 
Counsel for Applicant :- P.K Mishra 
Counsel for Opposite Party :- Govt. Advocate 

Hon'ble Arvind Kumar Mishra-I,J. 
Heard learned counsel for the applicant and the learned A.G.A. for the State. 
Learned counsel for the applicant contends that in this case, applicant has been falsely implicated by the complainant due to property dispute. He further adds that FIR has been lodged by way of moving application under Section 156(3) Cr.P.C. Application after about one and half years of the incident but there is no explanation from the side of prosecution about this inordinate delay. He also submits that against the said FIR, the applicant has also filed� a Writ Petition, in which this Hon'ble Court passed order of stay� of arrest of the petitioner. The applicant is in jail since 15.5.2015. There is no previous criminal history against the applicant. 
The learned A.G.A. has vehemently opposed the prayer. 
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed. 
Let the applicant-Rajendra Prasad Misra involved in Crime No.26 of 2007, under Sections 395, 397, 448 IPC and 3(1) (x) 3(2)(V) SC/ST Act, Police Station Jaitpur, district Ambedkar Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: 
(1) The applicant will not tamper with the evidence during the trial. 
(2) The applicant will not pressurize / intimidate the prosecution witness. 
(3) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. 
Order Date :- 8.6.2015