Devendra Mishra Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Devendra Mishra Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of accused-applicant Devendra Mishra on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions: (1) not to tamper with evidence; (2) not to indulge in criminal activity; (3) not to pressurize/intimidate prosecution witnesses and to cooperate in the trial; (4) to appear regularly on every date fixed by the trial court unless exemption is granted; breach of any condition permits the court below to cancel the bail.

Issue for consideration

Whether the accused-applicant Devendra Mishra is entitled to be enlarged on bail in Case Crime No. 63 of 2025 (Sections 111 BNS 2023 and Section 8/22/29 NDPS Act), Police Station Rohania, District Varanasi.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but without commenting on the merit of the case, the court concluded that a case for bail is made out.

Ratio / Principle

The bail application is allowed: the accused-applicant Devendra Mishra is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned.

Key takeaways

Bail is subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses, cooperation in trial and regular appearance on dates fixed by the trial court); in the event of breach of any of these conditions, the court below is at liberty to proceed to cancel the bail.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.; Court No. 66; order dated 29.7.2025; neutral citation 2025:AHC:125541) allowed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 moved by Devendra Mishra in Case Crime No. 63 of 2025, Police Station Rohania, District Varanasi, under Sections 111 of the Bharatiya Nyaya Sanhita, 2023 and Section 8/22/29 of the N.D.P.S. Act. Per the FIR, 5.4 kg Charas was allegedly recovered from the possession of co-accused Rambabu; the applicant was reportedly not arrested on spot, his name having been disclosed in the co-accused's confessional statement, with nothing incriminating recovered from him; he was in jail since 04.05.2025 and had a criminal history of six cases (on bail in four, acquitted in two), explained in the supporting affidavit. Without commenting on merits, and considering the nature of accusations, severity of punishment, supporting evidence and apprehension of tampering, the court held a case for bail was made out and ordered release on a personal bond with two reliable sureties, subject to conditions (non-tampering, no criminal activity, no intimidation of witnesses, regular trial attendance), breach of which would permit the court below to cancel the bail.

Neutral Citation No. - 2025:AHC:125541

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21390 of 2025

Applicant :- Devendra Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Anand Kumar Singh, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Devendra Mishra, seeking enlargement on bail in Case Crime No. 63 of 2025, under Sections 111 of the Bharatiya Nyaya Sanhita, 2023 and Section 8/22/29 of N.D.P.S. Act, Police StationRohania, District- Varanasi.

As per the First Information Report, 05.4kg Charas is alleged to have been recovered from possession of the co-accused, Rambabu.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.05.2025. Learned counsel for the applicant further submits that the applicant is not arrested on spot and his name disclosed in the confessional statement of the co-accused. Nothing incriminating has been recovered from possession or pointing of the applicant. He next submits that no offence under Section 111 of B.N.S. and Section 8/22/29 of N.D.P.S. is made out against the applicant. The applicant has criminal history of six cases out of which, in four cases, the applicant is on bail and in two cases, the applicant has been acquitted and the same are duly explained in para 15 of the affidavit filed in support of the bail application. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

It is next submitted that even if the entire allegation of the FIR is

taken to be correct on its face value, even then no offence under the aforesaid sections is made out against the applicant.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Devendra Mishra , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 29.7.2025 Anjali

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad