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2025 DAILYLAW 161329 (ALL)

KRISHNA KUMAR @ RUSTAM MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/8261/2025 · 2025-09-09

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8261 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ashok Kumar Mishra, the learned counsel for the applicant, Sri Mohd, Asif Khan, the learned A.G.A.-I for the State and Sri Manish Kumar Tripathi, the learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0061 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2), 316, 317(2) B.N.S, registered at Police Station Khargupur, District Gonda. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.04.2025 against nine named persons including the applicant, two unknown persons, stating that the informant knew the applicant since before; the applicant introduced him to co-accused Deenanath Chauhan and Kaptan Yadav and those persons showed the informant a land allegedly belonging to one Malti Devi and they introduced her to Malti Devi also but later on, it transpired that the lady was an imposter. The accused persons extracted Rs. 20 Lakhs through bank transfer and Rs. 23 Lakhs in cash. 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 disclosing the applicant's Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Renu Pal Counsel for Opposite Party(s) : G.A., Manish Kumar Tripathi Krishna Kumar @ Rustam Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) involvement in nine other criminal cases, in four of which, the applicant has been acquitted, in two cases, he has not received any summon, one case stands closed due to efflux of time and in one case, the applicant has been convicted and he has been granted bail by this Court in Appeal. 6. The learned counsel for the applicant has submitted that eight co- accused persons have already been granted bail in the present case and he has produced the copies of their bail orders before this Court. 7. The learned A.G.A.-I as well as the learned counsel for the complainant have opposed the bail application but they could not dispute the fact that eight co-accused persons have been granted bail. 8. Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Krishna Kumar @ Rustam 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. September 9, 2025 Preeti. BAIL No. 8261 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench