Allowed¶14

Rishabh Mishra v. State of U.P. and Another

Allahabad HC16 Jan 2025ABAIL/268/2025

Case brief

AI extract

What is this about?

Anticipatory bail Section 438 CrPC allowed; Rishabh Mishra; Case Crime No.95 of 2021; Sections 374, 386, 504, 506 IPC; Section 2(G) Bonded Labour Act; Police Station George Town; District Prayagraj; parity with co-accused Vaishali Mishra (ABA No.10165 of 2023, order dated 18.09.2023); Sushila Aggarwal Vs. State (NCT of Delhi) (2020) 5 SCC 1; Aman Preet Singh vs. C.B.I. AIR 2021 SC 4154; personal bond and two sureties; conditions till conclusion of trial; Justice Krishan Pahal; Allahabad High Court; 2025:AHC:51876; order dated 9.4.2025.

What did the court decide?

Anticipatory bail granted to Rishabh Mishra till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the seven conditions listed in the order. ¶14

Rishabh Mishra vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, accused in Case Crime No.95 of 2021 registered under Sections 374, 386, 504, 506 IPC and Section 2(G) of the Bonded Labour Act at Police Station George Town, District Prayagraj, should be enlarged on anticipatory bail under Section 438 Cr.P.C. +1 more

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Court's answer

Considering that the co-accused persons have already been enlarged on anticipatory bail, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of the Supreme Court in Sushila Aggarwal Vs. State (NCT of Delhi); future contingencies regarding the anticipatory bail shall be taken care of as per that judgment.

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Ratio / Principle

The accused-applicant Rishabh Mishra is to be released forthwith in the aforesaid case crime on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the seven enumerated conditions (including availability for interrogation, non-tampering with evidence, non-departure from India without permission, appearance before the trial court, and liberty to the court below to cancel bail on breach).

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Key takeaways

The observations made in the order are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.obiter¶22

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.; Order Date 9.4.2025; Neutral Citation 2025:AHC:51876) allowed the anticipatory bail application under Section 438 Cr.P.C. of Rishabh Mishra, applicant in Case Crime No.95 of 2021 registered under Sections 374, 386, 504, 506 IPC and Section 2(G) of the Bonded Labour Act at Police Station George Town, District Prayagraj. Grant rested on parity with co-accused Vaishali Mishra, already enlarged on anticipatory bail by this Court on 18.09.2023 in Anticipatory Bail Application No.10165 of 2023, and in view of the Supreme Court judgment in Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1, whose treatment of future contingencies was also adopted. Release ordered till conclusion of trial on a personal bond and two sureties each in the like amount, subject to seven conditions (availability for interrogation, no inducement/tampering, no departure from India without permission, no pressurising of prosecution witnesses, appearance before the trial court, and liberty to cancel bail on breach). Counsel for the applicant had additionally relied on Aman Preet Singh vs. C.B.I. through Director, AIR 2021 SC 4154. Observations confined to the bail application and not to affect the trial.

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Neutral Citation No. - 2025:AHC:51876

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Court No. - 65

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 268 of 2025

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Applicant :- Rishabh Mishra Opposite Party :- State of U.P. and Another

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri G.S. Mishra, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the records.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.95 of 2021, registered under Sections 374, 386, 504, 506 IPC and Section 2 (G) of Bonded Labour Act at Police Station- George Town, District Prayagraj with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that the coaccused person, Vaishali Mishra has already been granted anticipatory bail by this Court vide order dated 18.09.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.10165 of 2023. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.

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In support of his submission, learned counsel has placed reliance upon the judgement of the Apex Court in Aman Preet Singh vs. C.B.I. through Director AIR 2021 SC 4154 , wherein the Court has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false

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implication of the applicant have also been touched upon at length. The applicant has apprehension of her arrest. Learned counsel for the applicant undertakes that she has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

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Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

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On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the fact that the co-accused persons have already been enlarged on anticipatory bail, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Rishabh Mishra be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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that the applicant shall make himself available for interrogation by a police officer as and when required;

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that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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that the applicant shall not leave India without the previous permission of the court;

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that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 9.4.2025 Priya

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(Justice Krishan Pahal)

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Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad

Rishabh Mishra v. State of U.P. and Another

Case brief

What is this about?

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Rishabh Mishra v. State of U.P. and Another

Case brief

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