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2025 DAILYLAW 158170 (ALL)

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

BAIL/7706/2025 · 2025-08-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48365 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7706 of 2025 Applicant :- Prabhat Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Harsh Pratap Singh, Advocate holding brief of Sri Ajeet Kumar Singh, the learned counsel for the applicant as well as Sri Amit Kumar Dwivedi, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 339 of 2025, under Sections 3(5), 109(1) of B.N.S, registered at Police Station Kotwali Dehat, District Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 04.07.2025 against seven named persons, not including the applicant, stating that all the accused persons had beaten up the informant's brother and they had shot at him. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. 5. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the statement of the injured person recorded by the Investigating Officer and he has also stated about the incident having been caused by the persons named in the F.I.R and he did not take the applicant's name. 6. The applicant has been made an accused on the basis of statements of some alleged eye-witnesses but even in those statements, the role of firing has been assigned to the named co- accused persons. 7. The applicant's involvement in another criminal case has been disclosed in para 16 of the supplementary affidavit filed in support of the bail application, in which he is yet to receive a summon. 8. The learned A.G.A. has opposed the bail application and he has submitted that the investigation of the present 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 has been lodged against seven named persons and the applicant has not been made an accused in the F.I.R; the injured has also stated about involvement of the seven named persons only in his statement given to the Investigating Officer and he has not stated about the applicant's involvement in commission of the offence, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Prabhat Mishra be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. . (Subhash Vidyarthi,J.) Order Date :- 19.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench