SHIVANATH MISHRA @ PUTANI MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.
BAIL/11028/2025 · 2025-11-17
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184295 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184295 (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. - 11028 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 accused-applicant seeks bail in FIR/Case Crime No.685 of 2023 under section 302/34 IPC, P.S. Kotwali Ayodhya, District Ayodhya. 3. In terms of the FIR, it was alleged that a body was recovered and was sent for postmortem, in which the cause of death was ascertained as ante-mortem strangulation. Subsequently, the investigation was carried out in the house where the body was found and view was formed that the lady was killed by some unknown person. Subsequently, based upon the investigation, the statement of the landlord was recorded, wherein he stated that the lady was staying along-with one Kashi Nath Misra, the brother of the applicant. It was also stated that the applicant was also staying with them and subsequently when the lock was closed, the landlord thought that all the three had gone to Varanasi. The applicant is the bother in law of the deceased. Solely based upon the statement, the applicant was linked with the offence in question. 4. In the light of the said, the counsel for the applicant argues that there is no direct evidence, to link the applicant with the offence in question. The applicant has been linked solely based upon the testimony, which is unverified and no recovery has been effected from the applicant. Versus Counsel for Applicant(s) : Ashutosh Tiwari, Shailesh Kumar Pathak Counsel for Opposite Party(s) : G.A. Shivanath Mishra @ Putani Mishra .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s)
5. Considering the postmortem report which does not indicate the presence of any injury and there being nothing specific against the applicant, who is the brother in law, the applicant who is in custody since 19.01.2024 and the criminal history has been disclosed, the applicant is entitled for the bail. Thus the bail application is allowed. 6.
Let the applicant Shivanath Mishra @ Putani Mishra be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties 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. November 17, 2025 VNP/- BAIL No. 11028 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench