Allowed

Satyam Mishra v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC11 Feb 2025CRLA/203/2025

Case brief

AI extract

What is this about?

Bail appeal under Section 14A(2) SC/ST Act after rejection of bail application. Appellant in custody since 11.12.2023 without criminal antecedents; co-accused with similar roles already granted bail. Court set aside the lower court's bail denial and released the appellant on bail with conditions.

What did the court decide?

Appellant released on bail on personal bond with two sureties; bail-denial order dated 03.04.2024 set aside.

Satyam Mishra Vs State of U.P. Thru. Prin. Secy. Home… — Caste Atrocities | Allahabad HC (2025)

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Court No. - 16 Case :- CRIMINAL APPEAL No. - 203 of 2025 Appellant :- Satyam Mishra

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Hari Nam Singh Counsel for Respondent :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 03.04.2024 passed in Bail application No. 2229 of 2024 arising out of case crime No. 378/2023, under Sections 376D/342/328/323/504/506/120B I.P.C. and Section 3(1)(da) (dha) and Section 3(2)(v) of SC/ST Act, Police Station Wajirganj, District Lucknow.

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Learned counsel for the appellant submits that the co-accused Mohd. Aslam and Mohd. Suhail who were assigned similar role have been enlarged on bail by this Court vide orders dated 17.12.2024 and 05.12.2024 passed in criminal Appeal No. 1232/2024 and 792/2024. Learned counsel for the appellant seeks parity with the order of the co-accused persons.

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It is further submitted that, the appellant is languishing in jail in this matter since 11.12.2023 without having any criminal antecedents. Charge-sheet in the matter has already been submitted. There is no likelihood that the appellant-applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court.

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Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel

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for the appellant-applicant.

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On due consideration to the bail order of co-accused persons; period of incarceration gone into by the appellant as well as considering the fact that the applicant is languishing in jail since 11.12.2023 without having any criminal antecedents and without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside.

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Accordingly, the appeal is allowed and the order dated 03.04.2024 passed passed in Bail application No. 2229 of 2024 arising out of case crime No. 378/2023, under Sections 376D/342/328/323/504/506/120B I.P.C. and Section 3(1)(da) (dha) and Section 3(2)(v) of SC/ST Act, Police Station Wajirganj, District Lucknow, is set aside .

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Let the appellant-applicant/ Satyam Mishra involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(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 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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(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case

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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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(vi) 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 applicant 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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The pending application, if any, too stands disposed of. Order Date :- 11.2.2025

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R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Satyam Mishra v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Satyam Mishra v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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