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2025 DAILYLAW 158142 (ALL)

SURAJ MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/7709/2025 · 2025-08-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48435 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7709 of 2025 Applicant :- Suraj Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Krishna Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Krishna Kumar Pandey, learned counsel for the applicant, Sri Angad Kumar Vishwakarma, learned Additional Government Advocate for the State and perused the records. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0205 of 2025, under Sections 3(5), 140(2) B.N.S., registered at Police Station Tanda, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.07.2025 against Dhirendra Kumar and four other persons stating that all the accused persons had forcibly made the informant sit in a car at about 10.00 p.m. on 27.06.2025. They kept him hostage till the informant got an opportunity to escape and went to the police station to lodge the F.I.R. at about 01.03 Hrs. on 02.07.2025. The informant alleged that the accused persons repetitively beaten and assaulted him and demanded Rs.1,00,000/- as ransom and they threatened to kill him. 4. A copy of the medico legal examination report of the informant has been annexed with the supplementary affidavit which mentions no visible injury and only complaint of pain on left side of face, back and left arm has been noted. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 6. The applicant's involvement in another criminal case has been disclosed in para 9 of the supplementary affidavit, in which he has been granted bail. The applicant has been implicated in the present case along with two other co-accused persons- Pawan Kumar and Mukesh Kumar, on the basis of custodial statement of named co-accused person- Dhirendra Kumar @ Mantu Mangal. 7. The learned counsel for the applicant has submitted that co- accused person- Dhirendra Kumar @ Mantu Mangal has been granted bail by means of an order dated 08.08.2025 passed by this Court in Criminal Misc. Bail Application No. 7379 of 2025. Two other co-accused persons- Pawan Kumar and Mukesh Kumar, have also been granted bail by means of orders dated 11.08.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application Nos.7453 of 2025 and 7429 of 2025, respectively. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that the accused persons had abducted the informant at about 10.00 pm. on 27.06.2025, they kept him bondage in a car and kept on repetitively assaulting and threatening him till he escaped and directly went to the police station on 02.07.2025 and the medico legal examination report does not mention any visible injury suffered by the informant coupled with the fact that the applicant is languishing in jail since 03.07.2025 whereas three co-accused persons have already been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the applicant is also entitled to be granted bail on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Suraj 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. . (Subhash Vidyarthi, J.) Order Date :- 19.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench