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2025 DAILYLAW 112132 (ALL)

AWADHESH KUMAR MISHRA v. STATE OF U.P.

BAIL/46294/2024 · 2025-02-23

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:26101 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46294 of 2024 Applicant :- Awadhesh Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Sharma, Kapil Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record. 2. Present bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No.52 of 2024, under Sections 147, 148, 149, 224, 225, 307, 504 of IPC, Police Station Airwa Katra, District Auraiya, during the pendency of trial. 3. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the present FIR has been lodged by the police. In the present incident, no injury is caused to any police personnel though the applicant sustained injury in the incident. Nothing has been recovered from the possession or pointing out of the applicant. It has been argued that co-accused Ashish Mishra has been granted bail by the co -ordinate Bench of this Court, vide order dated 18.10.2024 passed in Criminal Misc. Bail Application No.37875 of 2024. The applicant is languishing in jail since 25.3.2024, having criminal history of only one case. In case, he is released on bail, he will not misuse the liberty of bail and shall cooperate in the trial. 4. Per contra, learned AGA opposed the prayer for bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence available on record and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. The bail application is, accordingly, allowed. 6. Let applicant, Awadhesh Kumar Mishra, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the following conditions: (1). The applicant will not tamper with the prosecution evidence during the trial. (2). The applicant will not influence any witness. (3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted. (4). The applicant 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 to any police officer or tamper with the evidence. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail Order Date :- 24.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad