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ALLAHABAD HIGH COURT
OM PRAKASH MISHRA AND ANOTHER – Appellant
Versus
State – Respondent
ABAIL/9326/2022
ANTICIPATORY BAIL - CRIMINAL CASES - COURT HELD THAT THE APPLICANTS HAVE A LONG CRIMINAL HISTORY AND ARE LIKELY TO MISUSE THEIR LIBERTY IF GRANTED ANTICIPATORY BAIL, HENCE DISMISSED THE APPLICATION.
Fact of the Case:
The applicants were charged with assault, robbery, and criminal intimidation. They had a long criminal history and were convicted in a previous murder case. The prosecution alleged that the applicants were threatening witnesses in the murder case and trying to influence them to change their testimony.
Finding of the Court:
The court found that the applicants had a long criminal history and were likely to misuse their liberty if granted anticipatory bail. The court also noted that the case was now at the trial stage and any intervention by the court at this stage would be an interference in the regular process of law.
Issues: Whether the applicants should be granted anticipatory bail.
Ratio Decidendi: The court held that the applicants had a long criminal history and were likely to misuse their liberty if granted anticipatory bail. The court also noted that the case was now at the trial stage and any intervention by the court at this stage would be an interference in the regular process of law.
Final Decision: The court dismissed the application for anticipatory bail.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 9326 of 2022
Applicant :- Om Prakash Mishra And Another
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Ajeet Singh,Anil Kumar Yadav,Shivam Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1. Heard Sri Shivam Yadav, learned counsel for the applicants, learned
A.G.A. for the State and perused the papers on record.
2. This application has been filed by applicants with a prayer to grant them
anticipatory bail in Case Crime No.341 of 2016, under sections- 323, 392,
427, 506 I.P.C., Police Station- Cantt, District- Varanasi.
3. As per prosecution case, one Jitendra Nath Mishra, who was practicing
as a Lawyer in Civil Court, Varanasi was murdered on 08.01.1999 by his
co-villagers namely Chandra Bhushan Mishra, Shiv Prakash Mishra, Jay
Prakash Mishra and Sujeet Kumar Mishra by shooting him when he was
returning from the Court. The F.I.R. was registered as Case Crime No.03
of 1999 at Police Station- Mirzamurad. The trial was held by an Additional
Session Court in Varanasi and all the accused were convicted and
sentenced to life imprisonment. This conviction and sentence was upheld
by the High Court of Allahabad and thereafter by the Supreme Court. The
first informant- Sanjay Kumar Mishra, Advocate and his brother Surendra
Kumar Mishra were the only eye-witnesses of the murder, therefore, they
were being continuously threatened not to give evidence lest they shall
face dire consequences. The accused persons are having a long criminal
history of 16 cases as below:-
(i) Case Crime No.03/1999, under sections- 302, 506 I.P.C., Police
Station- Mirzamurad, District- Varanasi.
(ii) Case Crime No.04/1999, under sections- 352, 504, 506 I.P.C., Police
Station- Mirzamurad, District- Varanasi.
(iii) Case Crime No. Nil/2000, under sections- 307, 504, 506 I.P.C.,
Police Station- Kachhwa, District- Mirzapur.
(iv) Case Crime No.09/2002, under sections- 147, 148, 504, 506, 337
I.P.C., Police Station- Mirzamurad, District- Varanasi.
(v) Case Crime No.05/1999, under sections- 3(1) of U.P. Gangsters and
Anti-Social Activities (Prevention) Act, 1986, Police Station-
Mirzamurad, District- Varanasi.
(vi) Case Crime No. -/1999, National Security Act (NSA), Police
Station- Mirzamurad, District- Varanasi.
7. Case crime no.- /90, Sections 419, 420, 467, 468, 471 I.P.C., Police
Station- Manduadidh, Varanasi
8. Case crime no.- /2000, Sections 3(3) Goonda Act, Police Station-
Mirzamurad.
9. Case crime no.- 32/95, Sections 307, 504, 506 I.P.C., Police Station-
Mirzamurad Janpad, Varanasi.
10. Case crime no.- 134/97. Sections 307, 504, 506 I.P.C., Police
Station- Mirzamurad Janpad, Varanasi.
11. Case crime no.- 676/16, Sections 376, 504, 506, 452 I.P.C., Police
Station Rohniyan Janpad, Varanasi.
12. Case crime no.- 07/16, Sections 307, 392, 452, 504, 506 I.P.C.,
Mirzamurad Janpad, Varanasi.
13. Case crime no.- /16, Sections 307, 392, 452, 354B, 504, 506, 427
I.P.C., Mirzamurad Janpad, Varanasi.
14. Case crime no.- 427/10, Sections 323, 504, 506 I.P.C., Rohniyan
Janpad, Varanasi.
15. Case crime no.- , Sections 323, 504, 506 I.P.C., Rohniyan Janpad,
Varanasi.
16. Case crime no.- /2006
All the accused persons were operating as a gang with Chandra Bhushan
Mishra as the gang leader. As they have been convicted and are lodged in
jail, therefore, they are enimical to the informant.
On 07.02.2016, when informant's brother Surendra Kumar Mishra was
returning from his relatives house, Om Prakash, Mansha Ram,
Ravindranath, Jitendra, Devendra and Arjun stopped him, physically
assaulted him, damaged his motor-cycle and also snatched a silver
ornament (sikdi) and Hanuman locket from his neck and threatened him
that if he continued to take action against them, he will be shot in public
view and that he, his brother and friend Ratan Singh Yadav shall be foisted
with false cases and will not
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