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2025 DAILYLAW 113058 (ALL)

ANKIT MISHRA v. STATE OF U.P.

BAIL/46972/2024 · 2025-02-12

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20932 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46972 of 2024 Applicant :- Ankit Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Singh,Pawan Kumar Rao Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Abhinav Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Ankit Mishra, seeking enlargement on bail in Case Crime No. 91 of 2024, under Sections 363, 366 of the Indian Penal Code, Police Station Ravindra Nagar Dhoos, District Kushi Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant is not named in the FIR. In the FIR it has been alleged that one Satya has enticed away the daughter of the informant. The applicant runs a chat shop and he has no role or connection in the aforesaid crime. The victim and one Pintu Tiwari was in love-affair and the accused-applicant is nowhere in picture in the aforesaid crime. He further submits that the there is no independent eye-witness of the alleged incident and the accused- applicant has been roped in the present case due to ulterior motive. No credible evidence has been collected by the Investigation Officer against the accused-applicant. The applicant is languishing in jail since 30.09.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that the applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ankit Mishra, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 13.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad