High Court
Case Details
Neutral Citation No. - 2025:AHC:37504 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44842 of 2024 Applicant :- Yogeshwar Vashith Mishra Alias Shivam Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Bhushan Mishra,Shivam Agarwal Counsel for Opposite Party :- G.A.,Kailash Nath Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Shri Shivam Agarwal, learned counsel for the applicant; Shri Manoj Yadav, Advocate holding brief of Shri Kailash Nath, learned counsel for the opposite party no.2 and Shri Upendra Pal Singh, learned AGA for the State and perused the record. 2. This is fourth bail application. Third bail application of applicant was rejected on 05.03.2024 and for reference order is reproduced hereinafter:-
Legal Reasoning
"This is third bail application. First bail application was rejected by a reasoned order dated 30.05.2022 and second bail application was dismissed as withdrawn on 28.08.2023. The relevant part of first bail application is reproduced hereinafter:- "6. In the present case the applicant is a named accused with the specific allegation that he shot dead the deceased by causing fire arm injury which is corroborated by the postmortem report. The case of other co-accused is distinguishable on the ground of specific role attributed to the applicant. The fact that there is a cross version established the presence of the occurrence. The applicant has a criminal history of six cases. 7. I find merit in the argument of the learned AGA as well as learned counsel for the first informant that plea of use of private defence of right could be considered at the time of trial. There are specific allegation against the applicant of causing death, therefore, I do not find it is a fit case for bail. Accordingly application is dismissed. " The applicant is in jail since 06.04.2021and facing trial in Case Crime No.83 of 2021 under Section 302, 201, 323, 504, 506 I.P.C. and Section 30 Arms Act, Police Station- Line Bazar, District- Jaunpur.
Legal Reasoning
Sri Sanjay Vikram Singh, learned counsel for applicant submits that most relevant witness P.W. -1 allegedly an eye-witness has not supported the case of prosecution and was declared hostile. He further submits that statement of P.W.-2 is being unway and taking note of nature of evidence applicant may be released on bail. The aforesaid submissions are opposed by Sri Ashish Kumar Ojha, learned Brief Holder for State and submits that statement of P.W.-2 is still under way which has supported the case of prosecution, therefore, at this stage, the applicant may not be granted bail. In the aforesaid circumstances, since trial is proceeding and statement of other relevant witness is not yet recorded, therefore, at this stage, I do not find any reason to allow his bail application. Accordingly, bail application is rejected" 3. In pursuance of an order passed by this Court, learned Trial Court has submitted a status report dated 24.01.2025 that out of the proposed 9 witnesses, one has been examined and cross examination of prosecution witness No.2 is still under way. 4. Shri Shivam Agarwal, learned counsel for the applicant submits that PW-2 has repeatedly avoided his appearance and, therefore, his testimony was not concluded till date though he was first summoned on 04.10.2023 and, therefore, applicant who is in Jail since 06.04.2021, i.e., about 4 years and 11 months and that trial is proceedings in a snail speed without any default of the applicant is entitled for bail. 5. Per contra, Shri Upendra Pal Singh, learned AGA for the State and learned counsel for one of the witnesses, submitted that there is direct evidence against the applicant that he has intention to cause death, as present applicant went to his house and came with a fire-arm and caused death of deceased. 6. I have considered the above submissions. There may be direct evidence against the applicant, however, a fact that the trial is proceeding in a snail speed and PW-2 has repeated avoided appearance despite coercive measures and, therefore, the trial is delayed, therefore, it is a material ground that the trial is not likely to conclude within a short period, therefore the period incarceration, i.e., about 4 years and 11 months could be considered as prolonged detention period, therefore, this Court is of considered opinion that applicant has made out a case for bail. 7. Let the applicant- Yogeshwar Vashith Mishra Alias Shivam Mishra released on bail in Case Crime No. 83 of 2021 under Sections 302, 323, 201, 504, 506 IPC and Section 30 Arms Act, Police Station- Line Bazar, District- Jaunpur on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 9. The bail application is allowed. 10. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 17.3.2025 / A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad