Allowed

Ravendra Mishra v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC23 Jan 2024/300/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the bail application of Ravendra Mishra, accused under Sections 323, 504, and 304 IPC, granting him release on bail. The court found witnesses hostile and noted the post-mortem report did not conclusively determine the cause of the victim's death.

What did the court decide?

Respond to attend hearings; not commit similar offence; not induce or tamper with evidence. Two sureties of Rs. 25,000/- each.

Ravendra Mishra Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6570

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 300 of 2023

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Applicant :- Ravendra Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sanjay Kumar Pandey,Avinash Kumar Srivastava,Rajesh Kumar Awasthi,Rakesh Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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The applicant seeks enlargement on bail in FIR No.210 of 2022, under Sections 323, 504, 304 IPC , Police Station Maholi, District Sitapur.

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In terms of the FIR, it was alleged that the daughter of the informant was beaten by the applicant, who is the husband of the informant, which resulted in injuries and subsequently the daughter of the informant had died. It is argued by the learned counsel for the applicant that on the basis of injuries as reflected in the post-mortem report, no injury was of such nature so as to cause the death of the victim. It is also reflected in the post-mortem report that it could not conclusively give the reasons for death of the victim. He further argues that during the trial the informant herself had given an affidavit that she had wrongly lodged the FIR, out of anger. It is stated that the informant has now died and the other witnesses have not supported the prosecution story whose deposition has been placed on record through a supplementary affidavit.

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Learned A.G.A. vehemently opposed the bail prayer.

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In view of the fact that witnesses have turned hostile and the applicant who has no criminal antecedents and is in custody since 27.04.2022, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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Let the applicant Ravendra Mishra be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following

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conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant 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.

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Order Date :- 23.1.2024 Vipul

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Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench

Ravendra Mishra v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Ravendra Mishra v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What the court decided

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