RUSTAM MISHRA @ KRISHNA KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/10392/2025 · 2025-11-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198731 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198731 (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. - 10392 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No.280 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 316(2) of BNS, registered at Police Station Kotwali Nagar, District Gonda. The aforesaid case has been registered on the basis of an F.I.R. lodged on14.04.2025 against 7 persons, including the applicant. It is alleged that co- accused Sunil Mishra showed a plot of land to the informant and introduced him to co-accused Malti Devi. The informant paid money to Malti Devi; however, when no sale deed was executed, he made further inquiry and discovered that Sunil Mishra had introduced him to an imposter and had, through that person, fraudulently taken Rs.3,50,000/- from him. Submission of learned counsel for the applicant is that Mayawati was the impersonator posing as Malti Devi, and she is the one who received the amount of Rs. 3,50,000/-. Mayawati has already been granted bail vide order dated 27.08.2025 passed in Criminal Misc. Bail Application No. 8038 of
2025. It is further submitted that the applicant has been assigned only a general allegation of conspiracy. The applicant has explained the criminal history of Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Renu Pal Counsel for Opposite Party(s) : G.A. Rustam Mishra @ Krishna Kumar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
ten cases in paragraph 22 of the bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the bail order of co-accused Mayawati; the interim protection order dated 03.06.2025 passed in favour of co-accused Sunil Mishra in Criminal Misc.
Anticipatory Bail Application U/S 482 BNSS No. 618/2025; the absence of any specific allegation against the applicant of directly committing the offence; the fact that the charge sheet has been filed; and the applicant is in custody since 05.04.2025, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Rustam Mishra @ Krishna Kumar Mishra, involved in Case Crime No.280 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 316(2) of BNS, registered at Police Station Kotwali Nagar, District Gonda, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 17, 2025/R.C.
BAIL No. 10392 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench