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2025 DAILYLAW 166698 (ALL)

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

BAIL/9332/2025 · 2025-09-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9332 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Piyush Pathak, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I 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. 282 of 2015, under Section 381 I.P.C., registered at Police Station Kamrauli, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.09.2015 against 14 persons including the applicant stating that a theft had been committed in a textile factory by certain employees of the factory. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that the co-accused persons namely Chako Unnumi, Naresh Lod and Rahul Chamola have already been granted bail by coordinate Benches of this court and the copies of their bail orders have been annexed along with the affidavit filed in support of bail application. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 28.08.2025 and the allegation against the applicant is similar to that of the allegations made against the Versus Counsel for Applicant(s) : Piyush Pathak, Vipul Tripathi Counsel for Opposite Party(s) : G.A. Santosh Kumar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) above-said accused persons who 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 aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Santosh Kumar 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. September 25, 2025 Ram. BAIL No. 9332 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench