Allowed

Suraj Mishra v. State of Up and Another

Allahabad HC11 Jun 2021CRLA/428/2021

Case brief

AI extract

What is this about?

In a criminal appeal filed under SC/ST Act seeking bail, the High Court allowed the appellant a release on bail and set aside the order rejecting the bail application. The decision was based on the delay in lodging the FIR and the fact that the co-accused had already been released. The court granted bail under conditions.

What did the court decide?

Appellant released on bail on furnishing a personal bond and two local sureties; impugned bail rejection order quashed.

Suraj Mishra Vs State of Up and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 77

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Case :- CRIMINAL APPEAL No. - 428 of 2021

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Appellant :- Suraj Mishra Respondent :- State of U.P. and Another Counsel for Appellant :- Ashish Mishra,Varindra Kumar Rai Counsel for Respondent :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard counsel for the appellant and Sri Manoj Kumar Dwivedi, learned AGA for the State.

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The present appeal under section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 25.11.2020 passed by Special Judge, SC/ST Act, Varanasi in Special Sessions Trial No. 19 of 2016, arising out of Case Crime No. 78 of 2016 under sections 376D, 506 IPC read with section 3(1)(12) of SC/ST Act, Police Station Phoolpur, District Varanasi whereby the bail application of the appellant has been rejected.

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The submission of counsel for the appellant is that there is a delay of one day in lodging the FIR. In terms of the FIR, the victim is said to be 20 years of age and was allegedly taken away on 01.04.2016 in the night by the appellant as well as co-accused. This Court has enlarged the coaccused on bail vide order dated 03.07.2019. The appellant is custody since 04.04.2016.

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I have perused the FIR allegations which are same in respect of the two accused.

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Per contra, learned A.G.A. has opposed the bail prayer of the appellant.

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Considering the submissions made at the bar, coupled with the fact and there is nothing on record to demonstrate that the appellant if enlarged on bail would in any way adversely affect the trial, the appellant is in custody since 04.04.2015 and the co-accused has been enlarged on bail, the appellant is also entitled to be

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enlarged on bail.

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Let the appellant-Suraj Mishra involved in Case Crime No. 78 of 2016 under sections 376D, 506 IPC read with section 3(1)(12) of SC/ST Act, Police Station Phoolpur, District Varanasi, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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The appellant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The appeal is allowed and the order dated 25.11.2020 passed by Special Judge, SC/ST Act, Varanasi is hereby quashed.

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Order Date :- 11.6.2021 Puspendra

Suraj Mishra v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Suraj Mishra v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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