Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34270 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Kamal Kumar Singh, learned counsel for the applicant, Sri Rahul Kumar, learned counsel for the first informant (upon appearance filed today) and Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.105 of 2025, under Sections- 115(2), 109 BNS, Police Station-Itwa, District-Siddharth Nagar, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of injured, general allegation has been made against all the three co-accused persons. It is further submitted that two other co-accused persons having similar role to that of the applicant namely Dinesh Kumar Mishra and Virendra Kumar Mishra Alias Rajan, had already been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos.32196 of 2025 and 32512 of 2025 vide order dated 06.10.2025 respectively. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal history except the one case which is petty offence between the same party. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 25.06.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Learned counsel for the first informant as well as learned A.G.A. Versus Counsel for Applicant(s) : Dharnidhar Pandey, Kamal Kumar Singh Counsel for Opposite Party(s) : G.A. Surendra Mishra @ Vikki .....Applicant(s) State of U.P. .....Opposite Party(s)
have opposed the prayer for bail but could not dispute the aforesaid
facts.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Surendra Mishra @ Vikki, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 14, 2025 S.C.
BAIL No. 34270 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad