HARISH KUMAR @ HARISH NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/11819/2025 · 2025-12-01
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DailyLaw.ai
[ 2025 DAILYLAW 182777 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182777 (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. - 11819 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant as also the learned A.G.A. for the State and perused the record.
2. The instant application has been filed by the applicant seeking bail in Case Crime No. 0135 of 2025 under Sections 109(1), 115(2), 352, 117(2), 118(1), 3(5), B.N.S., 2023, P.S. Mahruwa, District Ambedkar Nagar.
3. Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case due to enmity. It is further alleged that case of the applicant is distinguishable to the case of the other co-accused. The applicant has been attributed the role of exhortation only. It is also alleged that the applicant has no previous criminal history and he is in jail since 10.10.2025.
4. Learned A.G.A. has opposed the prayer for bail, but he could not dispute the facts, stated above.
5. Considering the overall facts and circumstances of the case particularly the facts that case of the applicant is distinguishable to the case of the other co-accused; he has been attributed the role of exhortation only; he has no previous criminal history and he is in jail since 10.10.2025, it is a fit case for bail. The application is accordingly allowed.
6. Let the applicant Harish Kumar alias Harish Nishad be released on bail in the aforesaid F.I.R./Case Crime No. 0135 of 2025 on his furnishing a personal bond and two sureties, each in the like amount to the satisfaction of the court concerned, on the following conditions: (i) the applicant will not tamper with the prosecution evidence; (ii) the applicant will not pressurize the prosecution witnesses; Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh Counsel for Opposite Party(s) : G.A. Harish Kumar @ Harish Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
(iii) the applicant will appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. December 1, 2025 A.Nigam BAIL No. 11819 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench