SHALU MISHRA @ SHIVAM MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
NABAIL/1469/2025 · 2025-10-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168700 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168700 (ALL) · dailylaw.ai ]
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. - 1469 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0097 of 2025, under Section 140 (1) B.N.S. 2023, registered at Police Station - Ramkot, District - Sitapur. 3. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case due to previous enmity. The F.I.R. in the instant case was lodged on 29.04.2025 against the applicant and his brother Gaurav Mishra stating that there is an old animosity between the parties. On 23.02.2025, the son of the informant had gone to Sitapur but thereafter he had not returned and went missing. The informant expressed his suspicion that the accused persons are responsible for his son having gone missing. 4. Learned counsel for the applicant further submitted that the co-accused Gaurav Mishra has been granted protection by a co-ordinate bench of this Court vide order dated 05.08.2025, passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.987 of 2025 whereby the application has been allowed. The case of the applicant stands on the similar footing, therefore, the applicant is also entitled for the similar protection. It is also submitted that the applicant has no criminal history. 5. Learned A.G.A. has opposed the prayer sought but he has not disputed the contentions raised by the learned counsel for the applicant. 6. Having considered the aforesaid facts and circumstances of the case and also the fact that the co-accused Gaurav Mishra having similar allegations has been granted protection by a co-ordinate bench of this Court, and also that the F.I.R. has been Versus Counsel for Applicant(s) : Amitabh Kumar Tripathi, Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Shalu Mishra @ Shivam Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s)
lodged merely on the basis of suspicion and no material has come to light to substantiate his suspicion and the fact that the applicant has no criminal history, without entering into the merits of the case, this Court finds that the applicant is entitled for protection. 7.
In view of the above, the anticipatory bail application of the applicant is allowed. 8. It is provided that in the event of arrest, the accused-applicant - Shalu Mishra @ Shivam Mishra be released forthwith in the aforesaid case crime on anticipatory bail on his furnishing a personal of Rs.25,000/- and two sureties in the like amount to the satisfaction of Station House Officer of the Police Station/Court concerned with the following conditions:- (i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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 from disclosing such facts to the court or to any police officer; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court. October 10, 2025 ML/- NABAIL No. 1469 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench