RAHUL MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/12177/2025 · 2025-12-05
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181858 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181858 (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. - 12177 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Riyaz Ahmad, learned counsel for the applicant, Sri Mayank Sinha, learned Additional Government Advocate for the State and perused the records. 2. This is the second application seeking release of the applicant on bail in Case Crime No. 517 of 2023, under Section 306 I.P.C., registered at Police Station Krishna Nagar, District Lucknow. The first bail application bearing no.8082 of 2024 has been rejected by this court by means of an order dated 21.04.2025. 3. This second bail application has been filed on the ground that subsequent to rejection of the first bail application statements of the informant has been recorded as PW-1 and the uncle of the deceased has been examined as PW-2 and both of them have turned hostile. 4. The learned counsel for the applicant has stated that only the aforesaid two persons have been shown as witnesses of fact by the prosecution and as both of them turned hostile the applicant is entitled to be released on bail. 5. 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. 6. 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. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous Versus Counsel for Applicant(s) : Riyaz Ahmad, Osama Syed Counsel for Opposite Party(s) : G.A. Rahul Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
criminal history and he is languishing in jail since 25.12.2023 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. 8. Accordingly, this bail application stands allowed. 9.
Let the applicant-Rahul 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. December 5, 2025 Ram. BAIL No. 12177 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench