PRAKHAR MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO.
/6848/2025 · 2025-11-27
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179012 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179012 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6848 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.45 of 2025, under sections 103(1) BNS, P.S. Hariyawan, District Hardoi. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the applicant had a fight with brother of informant on a petty issue because of which the applicant allegedly hit him with a rod causing injuries which subsequently resulted in his death. Cause of death as per post mortem report are lacerated wounds on eyebrows, nose, chin and chest. Cause of death is ante mortem injuries. The submission of learned counsel for the applicant is that there are no eye witness to the incident. 4. Learned AGA has opposed the bail application. 5. Considering the averments made at the bar prima facie even as per FIR the dispute took place on account of petty issue and in the fit of anger the alleged offence was committed as such prima facie mens rea for causing offence is missing, however, without commenting upon the merits of the case, the applicant who is in jail since 20.3.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Prakhar Mishra be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Prakhar Mishra .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. .....Opposite Party(s)
number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence.
November 27, 2025 J. K. Dinkar BAIL No. 6848 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench