Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68847 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9357 of 2025 Applicant :- Rinku @ Bineet Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. Learned counsel for the applicant submits that applicant is named in the F.I.R. along five named persons and 4-5 unknown persons. The allegation made in the F.I.R. is that accused, Suraj Pandey, Rahul Pandey and Pankaj Pandey made firing upon the brother of the informant from their firearm weapons, on account of which he sustained firearm injuries. The injured in his statement recorded before the police has assigned the role of firing to the accused-Suraj Pandey, Rahul Pandey, Nitin Tiwari and Shubham Tiwari and he has not assigned any specific role to the applicant. Nothing incriminating has been recovered either on the pointing out or from the possession of applicant. There is criminal history of two cases against the applicant. Several other submissions in
order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since
16.01.2025.
3. Though, the learned A.G.A. for the State has opposed the prayer for bail but he has not disputed that general allegation has been made against the applicant and no specific allegation has been made against him.
4. Considering the overall facts and circumstances, the nature of
allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
5. Let the applicant-Rinku @ Bineet Mishra, be enlarged on bail in Case Crime No. 19 of 2025, under Sections 191(2), 191(3), 109, 352, 190 of B.N.S., Police Station- Gagaha, District- Gorakhpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 1.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad