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2025 DAILYLAW 198527 (ALL)

MUNNA MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/12640/2025 · 2025-12-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12640 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants as well as learned A.G.A. and perused the record. 2. The applicants seek enlargement on bail in FIR No.174 of 2025, under Sections 70(1), 75, 115(2), 333, 352, 351(3) of BNS, Police Station Maheshganj, District Pratapgarh. 3. In terms of the FIR, allegations were levelled that on 14.08.2025 when the informant was at home, persons named in the FIR came and started beating. It was also alleged that she was touched inappropriately. No allegation of rape was levelled. In the statement under Section 180 of BNSS, the same version was reiterated, however, in the statement under Section 183 of BNSS, the victim for the first time alleged that all the accused persons had committed wrong on her. The husband of the informant also stated that she was touched inappropriately and misbehaved. No allegation of rape was stated by him. The medical report on record does not indicate any internal injury. The tentative age of the victim is around 33 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the huge variance in the statements and there being no material to corroborate the allegation of rape and the fact that the applicants are languishing in jail since 14.09.2025 and the criminal Versus Counsel for Applicant(s) : Mohd. Salman, Ana Fatma Counsel for Opposite Party(s) : G.A. Munna Mishra And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) history of minor offence have been duly explained, I am of the view that the applicants are entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicants Munna Mishra and Rajjan Mishra alias Rajendra Mishra be released on bail in the aforesaid first information report number on their 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 applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. December 19, 2025 akverma BAIL No. 12640 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench