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2026 DAILYLAW 1368 (ALL)

MUKESH v. STATE OF U.P.

BAIL/4845/2026 · 2026-05-06

Sameer Jain

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4845 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Amrita Kashyap, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 773 of 2025, under Sections 229, 233, 237, 246, 318(2), 318(4), 338, 336(3), 340(2) BNS, Police Station Kasaya, District Kushinagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, as per allegation applicant used to take sureties in different criminal cases for different accused and thus, he is professional and there is also allegation that applicant also prepared fake documents but entire allegations are totally false. 5. She further submitted that however apart from the present case applicant is having criminal history of two other cases with similar allegations but in both the cases he is on bail. 6. She further submitted that all the alleged offences are triable by Magistrate and applicant is in jail in the present matter since 25.11.2025 i.e. for last more than five months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation applicant used to take sureties on behalf of different accused in different cases and he also used fake documents but considering the fact that it appears after proper verification by the police sureties were accepted and the fact that in two previous cases he is on bail and alleged offences are triable by Versus Counsel for Applicant(s) : Amrita Kashyap, Rohit Shukla Counsel for Opposite Party(s) : G.A. Mukesh .....Applicant(s) State of U.P. .....Opposite Party(s) Magistrate and he is in jail in the present matter for last more than five months, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Mukesh, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 7, 2026 Ankita BAIL No. 4845 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad