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2025 DAILYLAW 158733 (ALL)

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

BAIL/7771/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48786 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7771 of 2025 Applicant :- Umashankar Mishra Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Piyush Asthana Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Piyush Asthana, learned counsel for the applicant, Shri Manish Kumar Pandey, 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.205 of 2019, under Section 409 IPC, registered at Police Station Malipur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.10.2019, stating that the applicant was given paddy for producing rice but the applicant misappropriated rice worth Rs.1,67,21,155/-. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and is languishing in jail since 28.06.2025. The applicant's involvement in another criminal case under Section 419, 420, 467, 468, 471 IPC has been disclosed in para 33 of the affidavit, in which he has already been granted bail. 5. The learned counsel for the applicant has submitted that there was an agreement inter alia providing that in case of any deficiency in producing and supplying of rice, the applicant would compensate for the loss. He has submitted that the non supply of rice merely makes the applicant liable for compensation, which dispute is essentially of a civil nature and recovery proceedings have already been initiated against the applicant. 6. Learned A.G.A. has opposed the bail application and he has submitted that the allegations levelled have been established during the investigation and a charge sheet has been submitted on 11.07.2025. 7. Having considered the aforesaid facts and circumstances 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- Umashankar Mishra be released on bail in the aforementioned 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. Order Date :- 20.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench