Neutral Citation No. - 2023:AHC:207652

Court No. - 85

Case :- CRIMINAL APPEAL No. - 8955 of 2023

Appellant :- Krishnakant Mishra

Respondent :- State of U.P. and Another

Counsel for Appellant :- Ashwini Kumar Ojha,Krishna Ji

Shukla,Prashant Shukla

Counsel for Respondent :- G.A.,Pushkar Nath Tripathi

Hon'ble Mayank Kumar Jain,J.

Counter affidavit filed today by learned counsels for respondent

no. 2 is taken on record.

Heard learned counsel for the appellant, learned AGA for opposite

party no.1 and perused the material placed on record.

The present criminal appeal under Section 14-A(2) Scheduled

Castes & Scheduled Tribes (Prevention of Atrocities) Act has been

filed by the appellant to set aside the impugned order dated

22.08.2023 whereby the Special Judge, SC/ST Act, Prayagraj has

rejected the bail application no. 4774 of 2023 of the appellant in

case crime no. 187 of 2022, under Sections 419, 420, 406, 504,

506 of IPC, and under Section 3(1)(Da)(Dha) of SC/ST Act, Police

Station Kheeri, District Prayagraj.

The prosecution case as per the F.I.R is that on 31.01.2015,

appellant pretended himself to be secretary of finance company

and instigated the informant to invest Rs. 15,000/- with a promise

that after 5 years it would become Rs. 30,000/-. On the same day

on the basis of another plan the appellant got deposited Rs.

20,000/- from the informant. In total Rs. 45,000/- were deposited

by the informant on the promise of the appellant that she would

got double amount after 5 years. The appellant assured the

informant that there is no possibility of loss of money otherwise he

himself will return to the informant. After 5 years the informant

could not get her invested amount, when she made complaint to

the appellant he addressed her with caste related words and

threatened her to life.

Learned counsel for the appellant has submitted that appellant is

innocent and has been falsely implicated in this case. It is

submitted that appellant resigned from the company in the year

2013, therefore, there is no occasion for the appellant to collect

money in the year 2015. The appellant was a press reporter of

Jansandesh Samachar Patra and has reported a news titled as

"Bhang ki Dukaan Mein Bikta Hai Ganja" which was widely

circulated, therefore, some notorious persons of the locality have

falsely implicated the appellant in this case. It is further submitted

that appellant is having criminal history of four cases which have

been duly explained. It is also submitted that so far as liability to

repay the amount allegedly paid by the informant is concerned it is

liability of the finance company because the appellant was only an

agent of the finance company. Appellant is languishing in jail since

02.08.2023. In case, the appellant is released on bail, he will not

misuse the liberty of bail.

Per contra, learned A.G.A. assisted by the learned counsel for the

respondent have supported the order passed by the Sessions court

and vehemently opposed the prayer for grant of bail to the

appellant and submitted that in order to the deposit made by the

informant believing the appellant bonds were given to her. A

memorandum of Sri Raj Shaym Multi Trade India Ltd. is filed

through counter affidavit in which the appellant is shown as

Director from 30.10.2012. It is also submitted that nothing is

brought on record which indicate that appellant had resigned from

the company in the year 2013. So far as the ground of false

implication is taken by the appellant it is not related at all to the

informant. It is also submitted that appellant committed fraud with

the informant and pretended himself to be authority on behalf of

finance company and had taken the amount from the informant,

therefore, appellant is not entitled to be released on bail.

Having regard to the facts and circumstances of the case, since no

new ground has been taken and all the aspects has been already

considere