AMAN MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.
/12066/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179344 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179344 (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. - 12066 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case it is alleged that co-accused Rupendra Kumar Yadav, along with unknown associates, allegedly lay in wait armed with a firearm and an iron rod and attacked the informant when he was going to the Durga Puja venue. They snatched his mobile phone, assaulted him, and threatened to kill him by placing a firearm. Learned counsel for the applicant submits that the FIR was lodged after a delay of 4 days; the applicant is not named in the FIR; the applicant has no criminal antecedents; and no recovery has been effected from the applicant. It is further submitted that, to the best of the applicant’s knowledge, no injury was caused to the complainant and it is not a case of robbery. According to the prosecution version, the incident allegedly occurred only to obtain the mobile phone of the complainant, which contained a recording showing the presence of the applicant with Swati Tiwari. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Suresh Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Aman Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s)
Considering the fact that the applicant is languishing in jail since 05.10.2025; the FIR was lodged after a delay of 4 days; the applicant is not named in the FIR; no recovery has been made from the applicant; and the recovery memo contains only general allegations, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.
Let the applicant Aman Mishra, involved in Case Crime No. 487/2025, U/s- 115(2), 351(3), 309(6), 317(2), 3(5) B.N.S., Police Station-Inayatnagar, District-Ayodhya, be released on bail in the aforementioned 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 15, 2025 R.C.
BAIL No. 12066 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench