Allowed

Golu Mishra @ Anurag Mishra v. State of U.P. and Another

Allahabad HC22 May 2019CRLA/3209/2019

Case brief

AI extract

What is this about?

This criminal appeal challenged the rejection of bail application in an offence under Sections 302, 504, 120B IPC and Section 3(2)5 of SC/ST Act. The Court allowed the appeal, drawing a fit case for bail, and directed the appellant's release on personal bond and two sureties without expressing any opinion on merits.

What did the court decide?

Appellant released on bail on personal bond and two reliable sureties of like amount to satisfaction of concerned court.

Golu Mishra @ Anurag Mishra Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 3209 of 2019

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Appellant :- Golu Mishra @ Anurag Mishra Respondent :- State Of U.P. And Another Counsel for Appellant :- Nagendra Kumar Tripathi,Harish Kumar Tripathi

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Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Counter affidavit filed today is taken on record.

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Heard learned counsel for the appellant-applicant and learned A.G.A. for the State. Perused the record.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 13.3.2019 passed by In-charge/2nd Additional Sessions Judge, Kushi Nagar place Padrauna rejecting the bail application of the appellant in Case Crime No.545 of 2018, under Sections 302, 504, 120B IPC and Section 3(2)5 of SC/ST Act, Police Station Kotwali Padrauna, District Kushi Nagar, seeking bail in the aforesaid sections.

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Learned counsel for the appellant has submitted that the appellant has been falsely implicated in the present case and the appellant was not named in the FIR and his name surfaced for the first in the statement of the coaccused Manoj Sharma, which was recorded after 19 days of the incident, in which he has alleged that the present accused had assaulted the deceased with knife. He further submitted that the police had shown false recovery of knife with accused. He further submitted that the co-accused Manoj Sharma and Akash Dhar Diwedi having similar role, have already been admitted to bail vide orders dated 10.5.2019 and 8.5.2019 passed by this Court in Criminal Appeal Nos. 2263 of 2019 and 2879 of 2019. Lastly he submitted that the appellant is languishing in jail since 8.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and he will cooperate in trial.

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Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.

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Let the appellant Golu Mishra @ Anurag Mishra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.

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Order Date :- 22.5.2019 Mini

Golu Mishra @ Anurag Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Golu Mishra @ Anurag Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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