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2025 DAILYLAW 147035 (ALL)

REENA MISHRA v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/5482/2025 · 2025-09-23

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5482 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Anil Singh, the learned counsel for the applicant, Shri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.67 of 2025, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Manikpur, District- Pratapgarh. 3. The gang chart mentions involvement of the applicant in 4 cases although only one of those cases has been made the basis of imposition of the applicant in gang chart and she has been granted bail in those cases including the solitary case mentioned in the gang chart. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and she has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang. 5. Two co-accused persons Rajesh Mishra and Brajesh Kumar Dwivedi have already been granted bail in the present case by means of orders dated 29.05.2025 and 02.05.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos.4807 of 2025 and 3742 of 2025. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Prima facie it appears that the applicant has been implicated in the present Versus Counsel for Applicant(s) : Anil Singh, Aayush Dwivedi Counsel for Opposite Party(s) : G.A., Parmanand Gupta Reena Mishra .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) case merely because she has a criminal history and the applicant is languishing in jail since 23.04.2025. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 8. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 9. There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that she is likely to commit any other offence in case she is released on bail. 10. In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicant- Reena Mishra be released on bail in the case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned subject to following conditions:— (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 23, 2025 -Amit K- BAIL No. 5482 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench