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2025 DAILYLAW 168658 (ALL)

RENU MISHRA @ ARCHANA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLA/3172/2023 · 2025-08-12

Saurabh Lavania

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47090 Court No. - 11 Case :- CRIMINAL APPEAL No. - 3172 of 2023 Appellant :- Renu Mishra @ Archana Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Kaushal Kishore Tewari,Shivakant Tewari Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Counter affidavit filed by the State in Court today is taken on record. 2. Heard learned counsel for the appellant as well as Shri V.K.Sahi, learned A.G.A.-I for the State and perused the record. 3. Instant criminal appeal under section 14-A (2) of SC/ST (P.A.) Act has been filed to set-aside the impugned order dated 27-10-2023 passed by the Special Judge S.C. & S.T. Act Lucknow in Bail No.8363 of 2023, bearing Case Crime No.438 / 2022 u/s 376(2)(n)/120-B/506 I.P.C & 3(2)(v) S.C & S.T. Act at Police Station- Madiyoan, District- Lucknow, whereby the anticipatory bail application of the appellant was rejected. 4. From perusal of the order sheet, it appears that on 09.11.2023, following order was passed wherein the appellant has been granted interim protection :- "Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record. Instant criminal appeal under section 14-A (2) of SC/ST (P.A.) Act has been filed to set-aside the impugned order dated 27-10-2023 passed by the Special Judge S.C. & S.T. Act Lucknow in Bail No.8363 of 2023, bearing Case Crime No.438 / 2022 u/s 376(2)(n)/120-B/506 I.P.C & 3(2)(v) S.C & S.T. Act at Police Station- Madiyoan, District- Lucknow, whereby the anticipatory bail application of the appellant was rejected. Issue notice to opposite party no.2, returnable at an early date. Steps be taken within a week. List after three weeks. Till then, further proceedings against the appellant in the aforesaid case crime number shall remain stayed." 5. In the counter affidavit filed by the State, nothing adverse has been reported against the appellant. However, according to the supplementary affidavit dated 06.12.2024, the statement of victim/prosecutrix has been recorded by the trial Court which is on record as Annexure No.SA-1 to the supplementary affidavit and the statement of informant/complainant who is mother of victim/prosecutrix has also been recorded before the trial Court, a copy of which is annexed as Annexure No.SA-2 to the supplementary affidavit. 6. The aforesaid statements indicate that main witnesses of the prosecution have already been declared hostile. 7. In view of the aforesaid, the present appeal is hereby allowed while extending anticipatory bail to the appellant, namely, Renu Mishra @ Archana Mishra till disposal of the trial subject to the following conditions:- (i) that the appellant shall make herself available for interrogation by a police officer as and when required; (ii) that 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/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the appellant shall not leave India without the previous permission of the court; (iv) that the appellant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the appellant shall not pressurize/intimidate the prosecution witness. 8. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 12.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench