Akash Mishra Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL APPEAL No. - 3299 of 2025

Akash Mishra

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Respondent(s) Counsel for Appellant(s) : Dileep Kumar Yadav, Basant Lal Yadav Counsel for Respondent(s) : G.A.

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Court No. - 27

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HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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Heard learned counsel for the appellant, learned A.G.A. for the State respondent no.1 perused the record.

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Counter affidavit on behalf of the State filed today, is taken on record.

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Learned counsel for the appellant submits that the appellant was enlarged on interim bail vide order dated 20/03/2025 on the merits of the case, passed by the learned Special Judge, SC/ST Act, Sitapur in Bail No.86/2025. His bail application was fixed for hearing along with the coaccused on 01/04/2025 on merits, but the appellant failed to appear on that date before the court below, and for that reason, his bail application was dismissed and the co-accused Sudhakar Singh and Vishal Mishra were granted bail on that day by the learned trial court. He next submitted that a similar role has been assigned in the FIR to the appellant and the co-accused. It is alleged that on 11/11/2023 at 7:30 p.m., the informant was busy in his Goshala (cow shelter). Co-accused Sudhakar Singh and others came to him along with an ailing cow and asked him to keep the same in his Goshala. The informant objected to this, whereupon, the informant, Sudhakar Singh, insulted him by using caste-effecting words,

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CRLA No. 3299 of 2025

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2

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abused and assaulted him with kicks, fists, and lathi (stick). They also damaged the gate of the Goshala and threatened the informant and his son. He next submitted that the absence of the appellant before the court below on the date of hearing of his bail on merit was not deliberate, but due to unforeseen circumstances beyond his control. The appellant also deserves to be released on bail on the ground of parity. He is held in jail custody since 02-10-2025, i.e for more than two months.

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He lastly submitted that the learned court below dismissed the second bail application filed by the appellant in a mechanical manner without considering the facts of the case and on the ground that he misused the liberty of interim bail and failed to appear while the bail was fixed for hearing on the merits.

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learned A.G.A. has opposed the prayer for bail and submitted that the accused appellant misused the liberty of interim bail, and therefore, there is no illegality in the impugned order passed by the learned court below.

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Considering the rival submissions of counsel for the parties, the nature of the offenses, the nature of the allegations, the totality of facts and circumstances of the case, and the principle of parity, as the co-accused have already been granted bail by orders of the trial court, without expressing any opinion on the merits of the case, the appellant deserves to be released on bail on executing a personal bond and two sureties, each in the like amount to the satisfaction of the court concerned.

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Resultantly, in the above facts and circumstances of the case and the arguments advanced on behalf of both the side and the facts that the trial of the case is not likely to be concluded in near future, hence the appeal

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CRLA No. 3299 of 2025

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has substance and it is accordingly allowed and the order dated 03.10.2025, passed by the learned Special Judge (SC/ST Act), Sitapur in Bail Application No. 314 of 2025 is set aside .

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Let the appellant Akash Mishra involved in the aforementioned case crime 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, with the following conditions:-

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i. The appellant will not tamper with the evidence.

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ii. The appellant will not indulge in any criminal activity.

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iii. The appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. The appellant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.

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(Ram Manohar Narayan Mishra,J.)

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December 3, 2025 KR

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

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

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

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