Allowed

Alankar Mishra v. State of U.P. and Another

Allahabad HC12 Aug 2021CRLA/593/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal under Section 14-A(2) of the SC/ST Act challenging a bail rejection. The court found the lower court failed to justify the denial and consequently released the appellant on bail subject to a personal bond and two sureties.

What did the court decide?

Set aside the impugned order rejecting bail and released the appellant on bail with a personal bond and two sureties.

Alankar Mishra Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 593 of 2021

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Appellant :- Alankar Mishra Respondent :- State Of U.P. And Another Counsel for Appellant :- Sameer Jain Counsel for Respondent :- G.A.,Ashish Kumar Gupta

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the appellant, Sri Ashish Kumar Gupta, learned counsel for the informant and learned Additional Government Advocate for the State and perused the record.

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This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 25.01.2021 passed by Special Judge, SC/ ST, Varanasi in Bail Application No.- 143 of 2021 arising out of Case Crime No.- 619 of 2020, under Sections 376, 313, 323, 504, 506 I.P.C. and Sections 3(2)(V) of SC/ST Act, Police Station- Lanka, District- Varanasi.

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Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case. He added that appellant has not committed rape as alleged in the first information report lodged by the informant- victim. The reason for false implication is that appellant demanded back his money of Rs.1,38,000/which was given by him for her admission in Ayurvedic Medical College of Punjab. He further submits that earlier also opposite party no.2 lodged an FIR against two other persons and in that case opposite party no.2 victim turned hostile. The fact is that victim used as a tool to lodge false and fabricated FIR only with an intention to extract money and the present case is also one of them. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 07.01.2021.

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Learned Additional Government Advocate and learned counsel for the informant have though opposed the bail of the appellant and submitted that appellant has promised to marry to the prosecutrix and in the garb of giving money consistently raped her and got her womb aborted.

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I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal.

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Nothing convincing has been argued on behalf of the complainant/ State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.

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Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.

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Accordingly, this appeal is allowed and the impugned order dated 25.01.2021 rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Alankar Mishra involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.

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The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 12.8.2021 Raj

Alankar Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Alankar Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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