Allowed

Ashok Kumar Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC7 Mar 2024CRLA/763/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal appeal seeking bail. The court set aside the rejected bail order directed by the Special Judge in a case involving Sections 302 IPC and 3(2)(v) SC/ST Act. The appellant was released on bail with specific undertaking and conduct conditions due to the appeal's substance and trial delay.

What did the court decide?

The impugned order rejecting bail was set aside. Appellant Ashok Kumar Mishra was released on bail with personal bond and conditions regarding court attendance and no adjournments.

Ashok Kumar Mishra vs State of U.P. Thru. Addl. Chief… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:61281

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Court No. - 17

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Case :- CRIMINAL APPEAL No. - 763 of 2024

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Appellant :- Ashok Kumar Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Appellant :- Ram Kumar Singh,Ram Prakash Singh Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Notice has already been served on the respondent 2 but no one has put in appearance on behalf of the respondent no.2.

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Heard learned counsel for the appellant, learned A.G.A. for the State and learned counsel for private respondents.

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This criminal appeal has been filed under Sections 14-A(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against order dated 8.11.2023 passed by Special Judge POCSO Act/Additional Sessions Judge, Sitapur in Bail Application No. 341 of 2023 arising out of Case Crime No. 215 of 2023 under Sections 302 I.P.C., Section 3(2)(v) of SC/ST Act, Police Station Mishrikh, District Sitapur.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. It is further submitted that applicant was also implicated in 16 other cases and he is on bail in all the cases. It is further submitted that as per the prosecution case son of the appellant was seen by him in the compromised condition with the deceased, then he scolded the deceased and thereafter, she was found in hanging condition. He further submits that as per the post mortem report, cause of death of the deceased was asphyxia due to anti mortem hanging and no other injury was found on the body of the deceased. He further submits that during the course of investigation, statement Dr. G. Khan, Joint Director, Medico Legal Expert, Lucknow was also recorded, in which, he has categorically stated that post mortem report reveals that it is a case of

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suicide but in the most mechanical manner, cognizance has been taken for the offence under Section 302 I.P.C. read with Section 3(2)(v) of SC/ST Act. He also submits that charge sheet was filed under Section 306, 376 I.P.C., Section 3(2)(v) of SC/ST Act & Section 3/4 POCSO Act. It is, thus, submitted that applicant is ready to cooperate in the trial, therefore, the impugned order is liable to be set aside and the appellant, who is in jail since 3.6.2023, is entitled for bail. It is also submitted that the appellant is ready to cooperate in the trial.

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Learned A.G.A. vehemently oppose the prayer of the appellant and submits that sufficient evidence were found against the applicant but he does not dispute the fact that charge sheet was filed under Section 306, 376 I.P.C., Section 3(2)(v) of SC/ST Act & Section 3/4 POCSO Act.

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Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A. and going through the contents of the appeal, F.I.R., post mortem report, inquest report, impugned order as well as other relevant documents, it is evident that it was a case of suicide but all these facts were not considered by the court below.

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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 8.11.2023 passed by Special Judge POCSO Act/Additional Sessions Judge, Sitapur in Bail Application No. 341 of 2023 arising out of Case Crime No. 215 of 2023 under Sections 302 I.P.C., Section 3(2)(v) of SC/ST Act, Police Station Mishrikh, District Sitapur is hereby set aside.

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Let appellant, Ashok Kumar 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

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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 sufficient cause, the trial court may proceed against him under Section 229-A 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 sufficient 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 :- 4.9.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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Ashok Kumar Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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