Partly allowed

Suresh Mishra Alias Lala v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Allahabad HC24 Jul 2024CRLA/2261/2024

Case brief

AI extract

What is this about?

, the Allahabad High Court admitted the criminal appeal and summoned the trial court record. The bench also exercised inherent/bail power to allow the bail application filed by the appellant in this appeal, directing his release subject to bond and a condition to deposit 50% of the trial court's fine, payable subject to the appeal's outcome.

What did the court decide?

Bail allowed on furnishing a personal bond and two sureties, with a condition to deposit 50% of the trial court's fine, revocable on breach of conditions.

Suresh Mishra Alias Lala vs State of U.P. Thru. Addl… — Bail and Remand | Allahabad HC (2024)

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Court No. - 11

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Case :- CRIMINAL APPEAL No. - 2261 of 2024

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Appellant :- Suresh Mishra Alias Lala Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Appellant :- Ram Mohan Mishra Counsel for Respondent :- G.A.

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Hon'ble Abdul Moin,J.

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(Order on Appeal)

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Heard.

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Admit.

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Summon the trial court record.

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Learned Additional Government Advocate is granted four weeks' time to file objections to the appeal to which the appellant may file reply within next two weeks. List after receipt of the trial court record.

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(Order on First Bail Application)

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

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A prayer for bail has been made by the appellant in this criminal appeal, which has been filed against the Judgment and order dated 12.07.2024 passed by Additional Sessions Judge/Special Judge, Gangster Act, Court No.5, Unnao in Special Sessions Trial No. 139/2012 arising out of Case Crime No.114/2011, under Sections 2/3 U.P. Gangster Act, Police Station - Ashoha, District Unnao.

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Learned counsel for the appellant submits that appellant has been falsely implicated in the present case. A specific averment has been made in paragraph 24 of the affidavit filed in support of the bail application that the appellant was on bail during trial and he did not misuse the liberty of bail. He further submits that trial court failed to appreciate the evidence deposed by the

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prosecution witnesses in correct perspective. He further submits that there is no possibility of conclusion of the appeal in near future, hence, the appellant is entitled for bail.

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Learned A.G.A. opposes the prayer for bail and submits that conviction of the appellant is on the basis of evidence on record.

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Having heard the submission made by learned counsel for the appellant as well as learned A.G.A and perused the material brought on record, this Court is prima facie of the view that appellant is entitled to be released on bail at this stage during the pendency of criminal appeal before this Court.

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Accordingly, the application for bail is allowed.

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Let the appellant- Suresh Mishra alias Lala involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to deposition of 50% of the fine amount imposed by the trial court at the time of his release along with following conditions:-

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(i) The appellant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.

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(ii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.

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It is made clear that realization of 50% fine shall be subject to outcome of the appeal.

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Order Date :- 24.7.2024 A. Katiyar

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Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Suresh Mishra Alias Lala v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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Suresh Mishra Alias Lala v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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