GAURAV MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND ANOTHER
/987/2025 · 2025-08-05
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[ 2025 DAILYLAW 155983 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155983 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45496 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 987 of 2025 Applicant :- Gaurav Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Amitabh Kumar Tripathi,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sumit Kumar Srivastava, the learned counsel for the applicant as well as Sri Rajesh Kumar Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.97 of 2025, under Section 140(1) B.N.S. 2023, registered at Police Station Ramkot, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.04.2025 against the applicant and his brother Shalu Mishra stating that there is an old animosity between the parties. On 23.02.2025 the informant's son had gone to Sitapur but thereafter he had gone missing. The informant has expressed suspicion that the accused persons are responsible for his son having gone missing. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. The learned A.G.A. has opposed the prayer for bail and he has submitted that the informant and his wife have supported the F.I.R. version in their statements recorded by the Investigating Officer and the investigation of the case is going on. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant's son had gone missing on 23.02.2025 and the F.I.R. has been lodged on 29.04.2025; that merely besides suspicion no other material has come to light to fortify his suspicion coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed.
In the event of arrest/ appearance of applicant-Gaurav Mishra before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court'
(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 5.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench