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AMAN MISHRA @ RISHI MISHRA v. THE STATE OF UTTAR PRADESH

Supreme Court of India | Diary 10189/2021

Status

ROP - of Main Case

Decided On

30-09-2021

Bench

HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE SURYA KANT and HON'BLE MS. JUSTICE HIMA KOHLI

Petitioner

AMAN MISHRA @ RISHI MISHRA

Respondent

THE STATE OF UTTAR PRADESH

Primary Holding

Prolonged pre-trial incarceration, slow trial progress, and parity with co-accused who have been granted bail are valid grounds for enlarging an undertrial prisoner on bail.

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Full Judgment Text

- 1 - Corrected (only for appearance) ITEM NO.14 Court 1 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).3235/2021 (Arising out of impugned final judgment and order dated 16-12-2020 in CRMBA No.1895/2019 passed by the High Court of Judicature at Allahabad) AMAN MISHRA @ RISHI MISHRA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.54416/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.54415/2021-EXEMPTION FROM FILING O.T.) Date : 30-09-2021 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Amit Kumar, Sr.Adv. Mr. Meenesh Dubey, Adv. Mr. S. R. Setia, AOR For Respondent(s) Mr. Ankit Goel, AOR UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing. Against the rejection of his second bail application by the High Court, the petitioner has approached this Court by way of filing the present special leave petition. Heard Mr. Amit Kumar, learned senior counsel appearing on behalf of the petitioner as also Mr. Ankit Goel, learned counsel appearing on behalf of the respondent – State and perused the counter affidavit filed on behalf of the State. Taking into consideration the fact that the petitioner has suffered incarceration for a period of more than 6 years and 4 months as also the fact that only 6 out of 16 witnesses have been

- 2 - examined and all the other co-accused have been granted bail, we think it is a fit case to grant him bail. The petitioner is, accordingly, directed to be enlarged on bail on terms and conditions to be imposed by the trial court. The special leave petition stands disposed of accordingly. As a sequel to the above, pending interlocutory applications also stand disposed of. (SATISH KUMAR YADAV) (R.S. NARAYANAN) DEPUTY REGISTRAR COURT MASTER (NSH)

SLP(Crl.)No.3235/21 1 ITEM NO.14 Court 1 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).3235/2021 (Arising out of impugned final judgment and order dated 16-12-2020 in CRMBA No.1895/2019 passed by the High Court of Judicature at Allahabad) AMAN MISHRA @ RISHI MISHRA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.54416/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.54415/2021-EXEMPTION FROM FILING O.T.) Date : 30-09-2021 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Amit Kumar, Sr.Adv. Mr. S. R. Setia, AOR For Respondent(s) Mr. Ankit Goel, AOR UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing. Against the rejection of his second bail application by the High Court, the petitioner has approached this Court by way of filing the present special leave petition. Heard Mr. Amit Kumar, learned senior counsel appearing on behalf of the petitioner as also Mr. Ankit Goel, learned counsel appearing on behalf of the respondent – State and perused the counter affidavit filed on behalf of the State. Taking into consideration the fact that the petitioner has suffered incarceration for a period of more than 6 years and 4 months as also the fact that only 6 out of 16 witnesses have been

SLP(Crl.)No.3235/21 2 examined and all the other co-accused have been granted bail, we think it is a fit case to grant him bail. The petitioner is, accordingly, directed to be enlarged on bail on terms and conditions to be imposed by the trial court. The special leave petition stands disposed of accordingly. As a sequel to the above, pending interlocutory applications also stand disposed of. (SATISH KUMAR YADAV) (R.S. NARAYANAN) DEPUTY REGISTRAR COURT MASTER (NSH)

ITEM NO.17 Court 2 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).3235/2021 (Arising out of impugned final judgment and order dated 16-12-2020 in CRMBA No.1895/2019 passed by the High Court Of Judicature At Allahabad) AMAN MISHRA @ RISHI MISHRA Petitioner(s) VERSUS STATE OF UTTAR PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.54416/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.54415/2021-EXEMPTION FROM FILING O.T.) Date : 19-04-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Amit Anand Tewari, Adv. Mr. Meenesh Dubry, Adv. Mr. S. R. Setia, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice to find out the reasons for the delay and not complying the order(s) of the High Court passed on 15.03.2018. List after two weeks. (ARJUN BISHT) (RAJ RANI NEGI) COURT MASTER (SH) DY. REGISTRAR

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