Ashok Kumar Mishra vs State of Chhattisgarh

Dilip Raosaheb Deshmukh, J.

Heard on application u/s 439 Cr. P.C. for grant of temporary bail to the applicant on the ground of ''Variksha'' & ''Sagai'' ceremony of his daughter Ku. Arachna Mishra to be performed on 10.03.2008 and 15.03.2008 respectively at Mumbai.

This is the third application for temporary bail. Earlier two applications have been dismissed on 14.11.2007 (M. Cr.C. No. 2287/2007) and(sic) 2008 (M. Cr.C. No. 2443/2007) as withdrawn. The applicant is facing trial for offences punishable u/s 302, 201 and 120(B) of IPC in sessions case No. 26/2004 before the Additional Sessions Judge, Raigarh. Three applications for grant of regular bail have also been rejected vide orders dated 07.04.2004 in M. Cr.C. No. 656/2004,04.04.2006 in M. Cr.C. No. 522/2006(sic)8.05.2007 in M. Cr.C. No. 2109/2006.

Learned Counsel for the applicant argued that the presence of the applicant/father is absolutely necessary according to the Hindu custom in the Variksha'' and ''Sagai'' ceremony of his daughter Ku. Archana Mishra which is scheduled to take place at Mumbai on 10.03.2008 and 15.03.2008. Learned Counsel for the applicant further argued that the applicant being a practicing Advocate at Raigarh, there was no possibility of his absconding and the applicant was ready and willing to furnish bail as ordered by this Court. He placed reliance on the order dated 28.11.2007 passed by a Division Bench of this Court in Criminal Appeal No. 668/2004 in which temporary bail was granted for attending the marriage ceremony of brother.

On the other hand, Shri G.D. Vaswani, learned Govt. Advocate has filed a report of the Station House Officer, P.S. Kotra Road, Raigarh dated 27.01.2008 wherein grant of temporary bail has been strongly opposed on the ground that there is every possibility that the accused/applicant will abscond and would dissuade the witnesses from giving evidence before the Court. It has also been mentioned that grant of temporary bail would impede a fair trial. The fact of ''Variksha'' and ''Sagai'' ceremony to be performed on 10.03.2008 & 15.03.2008 at Mumbai is not controverted in the report of the Station House Officer P.S. Kotra Road.

I have considered the rival submissions. In my considered opinion, in the facts and circumstances and looking to the ground on which temporary bail is sought and the fact that the report of the Station House Officer does not controvert the fact that ''Variksha'' and ''Sagai'' ceremony of the daughter of the applicant Ku. Archana Mishra is to be held at Mumbai on 10.03.2008 & 15.03.2008, the application for grant of temporary bail to the applicant deserves to be allowed on certain conditions.

Accordingly, the application M.Cr.C. No. 156/2008 is allowed. It is ordered that the applicant namely Ashok Mishra shall be released on temporary bail on 07.03.2008 on his furnishing a personal bond for Rs. 1,00,000/- along with two local solvent sureties in like amount to the satisfaction of the trial Court for his appearance in person before the trial Court on 18.03.2008 and on condition that the accused/applicant shall in no way dissuade the prosecution witnesses from giving evidence before the trial Court. The trial Court shall take the applicant/accused namely Ashok Mishra in custody on 18.03.2008.

It is directed that the learned trial judge shall ensure that all conditions imposed by this Court are mentioned in the bail bonds. Breach of any condition may entail the consequence of cancellation of bail. The photographs of the surety shall also be affixed On the bail bonds. The surety bonds shall be subjected to thorough verification, in all details before acceptance.