Allowed¶23

Ajai Prakash Mishra v. State of U.P.

Allahabad HC10 Oct 2025CRLA/3779/2024

Case brief

AI extract

What is this about?

Allahabad High Court; CRLA No. 3779 of 2024; Ajai Prakash Mishra v. State of U.P.; suspension of sentence; bail pending appeal; interim bail confirmed; conviction judgment and order dated 28.03.2024; Additional Sessions Judge Court No.01 Deoria; Sessions Trial No. 153 of 2009; Case Crime No. 57A/1993; Police Station Maeel, District Deoria; Sections 323, 304(II) IPC; three years imprisonment; Mrs. Vani Ranjan Agrawal, J.; October 10, 2025.

What did the court decide?

Suspension of sentence allowed; appellant entitled to release on bail pending hearing of the appeal; interim bail granted by the trial court vide order dated 28.03.2024 confirmed. ¶23

Ajai Prakash Mishra vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 3779 of 2024

Ajai Prakash Mishra

.....Appellant(s)

Versus

State of U.P.

.....Respondent(s)

Counsel for Appellant(s)	: Akhilanand Gaurav Tiwa Sahai	Mishra, ri, Renu	Amit Kumar, Rajat Alias Renu
Counsel for Respondent(s)	: G.A.
Court No.- 54

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HON'BLE MRS. VANI RANJAN AGRAWAL, J.

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(Ref:-Order on the Memo of Appeal)-

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Heard the learned counsel for appellant and the learned A.G.A. for State.

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Admit.

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Summon the lower court record.

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List this appeal for hearing in due course.

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(Ref:-Order on the Application for Suspension of Sentence)-

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Heard learned counsel for applicant/appellant and the learned A.G.A. for State.

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This criminal appeal has been filed against the judgment and order dated 28.03.2024 passed by learned Additional Sessions Judge, Court No.01, Deoria in Sessions Trial No.153 of 2009 arising out of Case Crime No.57A/1993, under Section 323, 304(II) I.P.C., Police Station Maeel, District- Deoria.

¶18

Learned counsel for appellant submits that vide judgment and order dated 28.03.2024 passed by learned trial court, appellant has been convicted with punishment of three years imprisonment and he has been granted interim bail by the Court below vide order dated 28.03.2024 for the period of one month for filing the appeal, certified copy of which has been annexed as annexure No.-1 of the accompanying affidavit. He further submits that the trial court has misread the evidence on record and convicted the appellant. The appeal is not likely to be heard in near future, hence unless the bail is

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CRLA No. 3779 of 2024

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granted, the appeal is likely to become infructuous.

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

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Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant are entitled to be released on bail. In view of the discussion made above, this application for suspension of sentence succeeds and is liable to be allowed. The interim bail granted to applicant/appellant by Court below, vide order dated 28.03.2024 is, hereby, confirmed.

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October 10, 2025

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P. Pandey

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(Mrs. Vani Ranjan Agrawal,J.)

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Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad

Ajai Prakash Mishra v. State of U.P.

Case brief

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Ajai Prakash Mishra v. State of U.P.

Case brief

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