Criminal appeal against an order rejecting bail in a murder case under the SC/ST Act. The High Court set aside the rejection, granting bail due to fair trial concerns, over-crowding, and uncertainty of trial, subject to standard conditions.
Appellant released on bail on personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:103872
Court No. - 80
Case :- CRIMINAL APPEAL No. - 1827 of 2023
Appellant :- Raja @ Rajat Mishra Respondent :- State of U.P. and Another Counsel for Appellant :- Digvijay Singh,Sudhir Kumar Singh Counsel for Respondent :- G.A.,Ajay Kumar Srivastava
Hon'ble Siddharth,J.
contrary. He further submits that in case the appellant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
(i) The appellant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The appellant shall not pressurize/intimidate the prosecution witnesses.
(iii) The appellant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
(iv) The appellant 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 the trial court.
(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(vi) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 11.5.2023 Abhishek
Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad
3 issues framed by the court
Whether the appellant is entitled to bail despite allegations of murder under the SC/ST Act.
Whether the impugned order rejecting bail should be set aside given the circumstances.
What conditions must be imposed when granting bail.
5 provisions across 4 enactments
Raja @ Rajat Mishra
State of U.P.
Another
Siddharth
Abhishek
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
