KRISH MISHRA @ SHIVENDER MISHRA v. STATE OF U.P. AND ANOTHER
NABAIL/6786/2025 · 2025-08-21
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87787 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87787 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144397 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6786 of 2025 Applicant :- Krish Mishra @ Shivender Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant as well as Sri P.K. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.96 of 2025, under sections 191(2), 191(3), 115(2), 352, 351(3), 79, 109(1) B.N.S., and 7 Criminal Law Amendment Act, P.S. Rampur Karkhana, District Deoria. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with three named accused and 4 to 5 unknown persons is alleged to have assaulted five persons namely, Girjesh Tiwari, Prateek Tiwari, Nishant Tiwari, Anupama Tiwari and Indu Devi. As per the medical report as well as supplementary medical report the injuries sustained by the five injured were simple in nature. It is contended that the nature of the injuries shows that there was no intent to murder. A vague and general role has been assigned to the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that as per the medical report as well as supplementary medical report the injuries sustained by the five injured were simple in nature, the nature of the injuries shows that there was no intent to murder, a vague and general role has been assigned to the applicant, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory
bail till the submission of police report. 7. In the event of arrest, the applicant Krish Mishra @ Shivender Mishra be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S. on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present
order.
11. The application stands disposed of.
Order Date :- 22.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad