Ajay Kumar Mishra @ Atul Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another
Case brief
What is this about?
Bail granted; forged cheque; jewellery worth Rs. 5,83,197/-; Sections 406, 420, 467, 468, 471 IPC; Case Crime/FIR No. 0216 of 2018; P.S. Aliganj, District Lucknow; incarceration more than seven years since 31.08.2018; offences triable by Magistrate; only P.W.-1 examined till 19.12.2024; personal bond and two sureties; conditions against tampering and witness intimidation; Section 82 Cr.P.C. / Section 84 BNSS proclamation; Section 174-A IPC / Section 209 BNS proceedings; Criminal Misc. Bail Application No. 10948 of 2024; Allahabad High Court Lucknow Bench; order dated October 13, 2025; judge Karunesh Singh Pawar.
What did the court decide?
Release of applicant Ajay Kumar Mishra @ Atul Kumar Mishra (Case Crime/FIR No. 0216 of 2018, Sections 406, 420, 467, 468, 471 I.P.C., P.S. Aliganj, District Lucknow) on bail on furnishing a personal bond and two sureties each in the like amount, subject to six conditions: (i) no tampering with evidence; (ii) no pressurising/intimidating prosecution witnesses; (iii) no inducement, threat or promise to dissuade disclosure of facts; (iv) undertaking not to seek adjournment on dates fixed for evidence when witnesses are present, failing which trial court may treat it as abuse of bail liberty; (v) presence before trial court on each date personally or through counsel; (vi) on misuse of bail liberty, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) may issue and proceedings under Section 174-A IPC (now Section 209 of BNS) may be initiated on failure to appear.