Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 196562 (ALL)

MITHUN ALIAS MITTHAN ALIAS AJAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/5384/2023 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5384 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.150 of 2022, under Section 307, 304 of IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar. 3. In terms of the FIR, it was alleged that it is a case of police firing. The role assigned to the applicant was of driving of the vehicle. 4. It is argued by the Counsel for the applicant that the co-accused were enlarged on bail by the lower court itself. The criminal antecedents of the applicant have been duly explained. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the co-accused have been enlarged on bail and the criminal antecedents of the applicant are duly explained; the report of the trial court shows that the charges were framed; two witnesses have been examined so far and the fact that the applicant is languishing in jail since 05.04.2022 and there is no likelihood of the trial being concluded in near future, I am of the view that the applicant is entitled to be released on Versus Counsel for Applicant(s) : Vishal Kumar Yadav, Abhinav Srivastava, Ashish Kumar Tiwari, Ashok Kumar Singh, Harish Pandey, Rahul Srivastava, Sagun Chandra Rastogi, Triloki Nath Yadav Counsel for Opposite Party(s) : G.A. Mithun Alias Mitthan Alias Ajay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) bail. Accordingly, the bail application is allowed. 7. Let the applicant Mithun alias Mitthan alias Ajay be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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 27, 2025 akverma BAIL No. 5384 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench