SHESH NARAYAN MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/8956/2025 · 2025-11-13
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184534 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184534 (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. - 8956 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State, Shri Vijay Kumar Tiwari, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 102 of 2025, under sections 105 BNS, P.S. Itiyathok, District Gonda. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 11.5.2025 the elder brother of the informant who is mentally challenged entered into the house of the accused because of which all the accused beat him which resulted in substantial injuries and later death. Learned counsel for the applicant argues that in terms of statement recorded subsequently allegations of hitting was levelled against one Sachin Mishra also who was enlarged on bail vide order dated 28.8.2025 passed in Criminal Misc Bail Application No. 8116 of 2025. It is further argued that general allegations were levelled against the applicant and nothing specific was stated against the applicant who is aged about 65 years and has no criminal history. 4. Learned counsel for the informant strongly opposed the bail application by arguing that post mortem report indicates grievous injuries inflicted upon the deceased and the deceased was beaten after tying with pole. Although the said photograph which is referred by him is not a part of Versus Counsel for Applicant(s) : Ashish Kumar Singh Counsel for Opposite Party(s) : G.A., Vijay Kumar Tiwari, Veerendra Kumar Shesh Narayan Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
case diary. The photograph was shown to the court across the Bar however as the same is not part of case diary as such the same could not be seen. 5. Considering and adopting the reasoning recorded in the bail order of Sachin Mishra coupled with the fact that the applicant is aged about 65 years and nothing specific was stated against the applicant, however, without commenting upon the merits of the case, the applicant who is in jail since 22.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6.
Let the applicant Shesh Narayan Mishra be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 13, 2025 J. K. Dinkar BAIL No. 8956 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench