Court No. - 28

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 198 of

2023

Applicant :- Aviral Mishra

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

Counsel for Applicant :- Harish Chandra,Shrish Kumar Gaur

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Renu Agarwal,J.

Supplementary affidavit has been filed by learned counsel for

the applicant in Court today is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the material placed on record.

The present application under Section 439 Cr.P.C. has been

filed seeking bail in Case Crime No.40 of 2022, under Section

394, 411, 413, 420, 468, 471, 120-B, 34 I.P.C., Police Station

Dewa, District Barabanki.

Learned counsel for the applicant has argued that the applicant

is innocent and has been falsely implicated in the present case.

He is student of B. Tech. He further submitted that the applicant

is not named in the F.I.R. Initially the F.I.R. was lodged u/s 394

I.P.C. He further submitted that in the statement recorded u/s

161 Cr.P.C., the injured has not surfaced the name of the

applicant. It is alleged on 14.10.2022, after about two months of

the recovery of the looted car, police added Sections 411, 413,

420, 468, 471, 120-B, 34 I.P.C. He further submitted that phone

of the victim was recovered on the pointing out of co-accused

Vipin Gaur and he confessed in his confessional statement that

he alongwith Himanshu Verma and Anshu Singh have looted

the said car. The co-accused Himanshu Verma, Faisal Insaf,

Anshu Singh and Vipin Gaur have already been enlarged on bail

vide orders dated 21.12.2022, 22.12.2022, 14.12.2022 and

22.12.2022 passed in Criminal Misc. Bail Application

Nos.15080 of 2022, 15133 of 2022, 14643 of 2022 and 15162

of 2022, respectively, therefore, the the applicant is also entitled

to be enlarged on bail. Several other submissions have been

made on behalf of the applicant to demonstrate the falsity of the

allegations made against the applicant. It is alleged that on

20.01.2019, the applicant was arrested by the police and falsely

implicated him in four cases, in which he is on bail, which have

been explained in Para 2 of the supplementary of the affidavit

and the copy of the bail orders have been annexed therein. He is

languishing in jail since 14.10.2022, therefore, the accused-

applicant may be enlarged on bail.

On the other hand, learned A.G.A. has opposed the prayer for

bail but could not dispute the aforesaid fact as argued by

learned counsel for the applicant.

Considering the facts and circumstances of the case and taking

into account that the applicant is a student of B. Tech; in the

statement of injured his name was not surfaced; no

incriminating article was recovered from the possession of the

applicant; enlargement of the co-accused as well as the

applicant in cases registered against him and without expressing

any opinion on the merits of the case, it would be appropriate to

enlarge the accused-applicant on bail.

Let applicant Aviral Mishra be released on bail in the above

case crime number on his furnishing a personal bond and two

sureties each in the like amount to the satisfaction of Court

concerned with the following conditions :-

(i) The parents of the applicant shall file an undertaking that

they shall take care of his son to the effect that if he involves in

such a cases and repeats any crime, the bail order shall

automatically stand cancelled

(ii) The applicant shall file an undertaking to the effect that he

shall not seek any adjournment on the dates fixed for evidence

when the witnesses are present in court. 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 shall remain present before the trial court on

each date fixed, either personally or through his counsel. In case

of his absence, witho