RAM JANKI MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/10039/2025 · 2025-10-28
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 202779 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202779 (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. - 10039 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 14.09.2025, the cow belonging to the informant had strayed into the field of the accused persons. Aggrieved by this, the accused persons, armed with banka, kulhadi, and belcha, allegedly came to the spot around 10:00 a.m. with the intention to kill and started assaulting the informant and his mother. Submission of learned counsel for the applicants is that the injured witnesses, in their statements, have implicated all family members of the applicants. A total of nine persons have been named in the FIR, and the allegations levelled therein are general in nature, without any specific role attributed to any individual accused. It is further submitted that both injured persons have sustained only simple injuries, and that injury nos. 1 and 2 of Rakesh as well as injury nos. 1 and 2 of Ramawati were kept under observation. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not point out from the record that any of the injured persons had sustained a fracture injury. Versus Counsel for Applicant(s) : Jay Kumar Soni Counsel for Opposite Party(s) : G.A. Ram Janki Mishra And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s)
Considering the statements of the injured witnesses, the facts that applicant no. 1 is the mother of applicant no. 2, both the applicants are ladies, the allegations made in the FIR are general in nature, the nature of injuries sustained by the victims, and the fact that the charge sheet has already been filed, coupled with the circumstance that the applicants are in jail since 15.09.2025 and have no criminal antecedents, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed.
Let the applicants Ram Janki Mishra and Anushka Mishra @ Rimjhim, involved in Case Crime No. 349/2025 U/s-109(1), 115(2), 352, 3(5) B.N.S., Police Station-Ramsanehighat, District-Barabanki, be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them in accordance with law. (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (now Section BAIL No. 10039 of 2025 2
84 BNSS) is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A IPC (now Section 209 of BNS).
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. October 28, 2025 R.C.
BAIL No. 10039 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench