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2025 DAILYLAW 153564 (ALL)

ASHISH MISHRA @ GAUTAM MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO.

BAIL/6807/2025 · 2025-09-10

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6807 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Kapil Dev Mishra, learned counsel for the applicant, Sri Satyendra Srivastava, learned Additional Government Advocate 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. 120 of 2025, under Section 109(1) B.N.S., 2012, registered at Police Station Kotwali Sahar, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.02.2025 against three persons including the applicant stating that the accused persons had taken away the informant's grand son with them under the pretext of some work and they threw him off the train due to which his both legs and a hand got amputated. 4. In the statement of the victim he stated that he had consumed liquor along with all the accused persons and when he got intoxicated all the accused persons made him sleep on the railway track as he was intoxicated he kept on lying on the track due to which her both legs and right hand got amputated. 5. In the affidavit filed in support of bail application it has been stated Versus Counsel for Applicant(s) : Ajeet Kumar Singh, Ajeet Kumar Singh, Kapil Dev Mishra, Vipul Singh Counsel for Opposite Party(s): G.A. Ashish Mishra @ Gautam Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. .....Opposite Party(s) that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in three other criminal cases has been disclosed by filing a supplementary affidavit although he has not received any summons in those cases. It has also been submitted on behalf of the applicant that the co-accused Sachin Rathore has been granted bail by means of an order dated 14.05.2025, passed by a coordinate Bench of this Court in Criminal Misc. Bail Application No.4118 of 2025. 6. The State has filed counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 27.06.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has levelled similar allegations against all the accused persons and a co-accused person has been granted bail by this court, whereas the applicant is languishing in jail since 24.06.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Ashish Mishra @ Gautam Mishra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 10, 2025 Ram. BAIL No. 6807 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench