Allowed

Sanjay Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home and 3 Others

Allahabad HC22 Feb 2024/2603/2022

Case brief

AI extract

What is this about?

In this criminal appeal under the SC/ST (Prevention of Atrocities) Act, the Allahabad High Court allowed the appeal and set aside an impugned order refusing bail. Relying on the release of co-accused, the Court granted bail to the appellant with personal and surety bonds and additional conditions.

What did the court decide?

The impugned order refusing bail was set aside and the appellant was released on bail by furnishing a personal bond and two reliable sureties.

Sanjay Mishra Vs State of U.P. Thru. Prin. Secy. Deptt… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16192

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 2603 of 2022

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Appellant :- Sanjay Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others

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Counsel for Appellant :- Yaduvansh Mani Singh,Ajeet Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant and learned A.G.A. for the State.

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It is evident from the record that the notice has already been served on private respondent nos. 2 to 4, but none has put in appearance on their behalf and, therefore, the present case is being decided with the assistance of learned counsel for the appellant and learned A.G.A.

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This criminal appeal has been filed under Sections 14A(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against order dated 27.09.2022 passed by Special Judge, SC/ST (P.A.) Act, Sultanpur in Bail Application No. 3138 of 2022 arising out of Case Crime No. 66 of 2022 under Sections 147, 323, 325, 504, 506, 302, 307 I.P.C. and Section 3(2)(V), 3(1)(DA), (DHA) of SC/ST Act, Police Station- Jamo, District- Amethi.

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Learned counsel for the appellant submits that appellant was falsely implicated in the present case and he is in jail since 21.03.2022. He further submitted that cross cases were lodged against the appellant as well as members of complainant's side. He further submitted that co-accused, namely, Amit Singh, Deepak Singh @ Deepu Singh and Dev Bahadur Singh having identical role have already been granted bail by this Court vide orders dated 08.01.2024 and 11.01.2024 passed in Criminal Appeal Nos. 2641 of 2022 and 2631 of 2022, respectively, therefore, the

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impugned order is liable to be set aside and appellant may be enlarged on bail.

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Learned A.G.A. opposes the prayer of appellant, but he does not dispute this fact that the co-accused, namely, Amit Singh, Deepak Singh @ Deepu Singh and Dev Bahadur Singh have already been granted bail.

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Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal as well as other relevant documents; as it is evident that the Criminal Appeal Nos. 2641 of 2022 and 2631 of 2022 were allowed by this Court and co-accused were granted bail, in such circumstances, this Court is of the view that the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail.

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In view of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly, allowed.

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Impugned order dated 27.09.2022 passed by Special Judge, SC/ST (P.A.) Act, Sultanpur in Bail Application No. 3138 of 2022 arising out of Case Crime No. 66 of 2022 under Sections 147, 323, 325, 504, 506, 302, 307 I.P.C. and Section 3(2)(V), 3(1)(DA), (DHA) of SC/ST Act, Police Station- Jamo, District- Amethi is hereby set aside.

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Let appellant, Sanjay Mishra be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

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(iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 22.2.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Sanjay Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home and 3 Others

Case brief

What is this about?

What did the court decide?

Sanjay Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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