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2025 DAILYLAW 160009 (ALL)

SACHIN MISHRA @ ADARSH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

NABAIL/1100/2025 · 2025-08-26

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1100 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Smt. Nisha Devi, Learned Counsel for the applicant, and Shri SP Singh, Learned Addl. Government Advocate, for the state. 2. The applicant has filed this application anticipatory seeking bail in F.I.R./Case Crime No. 0240 of 2025 under Sections 2/3, Gangster Act of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. Lalganj, District Pratapgarh. 3. The gang chart mentions involvement of the applicant in a solitary case, in which he has been granted bail. The applicant is involved in five other cases, in four of which he has been granted bail and in one case, he has not been summoned. 4. Learned counsel for the applicant has submitted that the co-accused Vipin Tiwari has been released on bail by this Court in Criminal Misc. Anticipatory Bail Application No. 992 of 2025 vide order dated 08.08.2025. 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. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang. Versus Counsel for Applicant(s) : Ajai Kumar Shukla, Nisha Devi Counsel for Opposite Party(s) : G.A. Sachin Mishra @ Adarsh Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 8. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case merely because he has a criminal history; that there appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged, and the co-accused has been granted anticipatory bail, I am of the view that the applicant is also entitled to be granted anticipatory bail on the ground of parity. 10. Accordingly, this anticipatory bail application stands allowed. 11. In the event of arrest/appearance of applicant- Sachin Mishra alias Adarsh Mishra before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a 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/her 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; NABAIL No. 1100 of 2025 2 (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. August 26, 2025 A.Nigam NABAIL No. 1100 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench