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2025 DAILYLAW 189409 (ALL)

PREM NARAYAN MISHRA ALIAS PREMI MISHRA v. STATE OF U.P. AND ANOTHER

CRLA/8373/2025 · 2025-10-14

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8373 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. List revised. 2. Heard Shri Sujan Singh holding brief of Shri Dhananjay Shukla, learned counsel for appellant and learned AGA for the State. None appears on behalf of opposite party No. 2. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant - Prem Narayan Mishra @ Premi Mishra with the prayer to allow the appeal, set aside the bail rejection order dated 29.8.2025 passed by the learned Special Judge, SC/ST Act (Prevention of Atrocities) Act, 1989 Chitrakoot in Sessions Trial No. 516 of 2025 arising out of Case Crime No. 193 of 2025, under Section 103(1), 238, 351(3) B.N.S. 2023 R/w Section 3(2)(V) of SC/ST (P.A.) Act , police station Mau Chitrakoot. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. Learned counsel for the appellant submits that the co- accused, namely Vimla Devi has been enlarged on bail by coordinate Bench of this Court vide order dated 10.10.2025 Versus Counsel for Appellant(s) : Dhananjay Shukla, Kamlakar Pal Counsel for Respondent(s) : G.A. Prem Narayan Mishra Alias Premi Mishra .....Appellant(s) State of U.P. and Another .....Respondent(s) and on the ground of parity the appellant is also entitled to be released on bail. 5. Learned A.G.A. has vehemently opposed the prayer. 6. I have considered the rival submissions so made and have gone through the entire record. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Prem Narayan Mishra @ Orenu Mishra involved in Sessions Trial No. 516 of 2025 arising out of Case Crime No. 193 of 2025, under Section 103(1), 238, 351(3) B.N.S. 2023 R/w Section 3(2)(V) of SC/ST (P.A.) Act , police station Mau Chitrakoot be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. CRLA No. 8373 of 2025 2 (v) 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. 10. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 15, 2025 Sumaira CRLA No. 8373 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad