SHUBHAM MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/10596/2025 · 2025-10-31
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 182909 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182909 (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. - 10596 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard Ms. Pallavi Mishra, learned counsel for the applicant, learned AGA for the State and Shri Sunil Kumar, Advocate who has filed his vakalatnama on behalf of the complainant/informant is taken on record. 2. The accused-applicant seeks bail in FIR/Case Crime No.105 of 2025 under Sections 191(2), 191(3), 115(2), 3(5), 352, 351(3), 109(1), 103(2) of B.N.S and Section 3(1)Da, 3(1)Dha, 3(2)5, 3(2)5a of S.C./S.T. Act, P.S.- Kohndaur, District- Pratapgarh. 3. In terms of the FIR, it was alleged that on 06.07.2025, the daughter of the informant was going, when the accused no.2 started misbehaving with her and as the family members of the informant came out, they were threatened and abused and on the date of alleged incident, when they were going to the police, all the accused persons armed with lath, danda etc. started hitting the family members of the informant, because of which, injuries were sustained. Subsequently, on account of the injuries, one of the family members died on 09.07.2025. In terms of the post-mortem, the deceased had suffered six injuries which included injury on the left and right side of the skull which was the cause of death as noted in the post mortem report. 4. In the light of the said, it is argued by learned counsel for the applicant that general allegations have been leveled against all the accused persons without there being any specific against the applicant. No recovery of any weapon was made from the applicant and thus, according to her, the applicant was falsely implicated in the offence in question. The applicant is in jail since 23.07.2025 and is having no criminal history. 5. Learned counsel for the informant while opposing the bail application has argued that all the accused persons had committed the offence in Versus Counsel for Applicant(s) : P.K. Singh Bisen, Pallavi Mishra Counsel for Opposite Party(s) : G.A. Shubham Mishra .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
question. 6. Learned AGA has opposed the bail application and has submitted that the applicant is having a criminal history of the offence under Sections 323, 504 and 506 IPC. 7.
Considering the facts and circumstances and the general allegations being levelled against all the accused persons, no recovery has been effected from the applicant coupled with the fact that the applicant is in custody since 23.07.2025, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant- Shubham Mishra be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the 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. October 31, 2025 V. Sinha BAIL No. 10596 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench