Dismissed¶14

Ashutosh Mishra v. State of U.P.

Allahabad HC20 Mar 2025BAIL/2236/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail rejection; Ashutosh Mishra; Criminal Misc. Bail Application No. 2236 of 2025; Case Crime No. 84 of 2023; Section 302 IPC murder bail denied; P.S. Kotwali, District Varanasi; custody since 16.07.2023 (over one year); parents as eyewitnesses who stated against applicant in investigation; no criminal history claimed; judge Sameer Jain; counsel Manish Ojha; AGA-I Dr. S.B. Maurya; rejected 20.3.2025; Court No. 66; Neutral Citation 2025:AHC:40850.

What did the court decide?

Although the applicant had been in jail for more than one and a half years, this prolonged detention by itself did not lead the Court to release him on bail. ¶13

Ashutosh Mishra vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether applicant Ashutosh Mishra should be released on bail during pendency of the trial for the offence registered as Case Crime No. 84 of 2023 under Section 302 IPC (Police Station Kotwali, District Varanasi).

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Court's answer

Although the applicant had been in jail for more than one and a half years, this prolonged detention by itself did not lead the Court to release him on bail.

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Ratio / Principle

As per the allegation before the Court, the applicant committed the murder of the deceased in his own house by inflicting a knife injury on him.

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Key takeaways

Bail was refused because the incident had been witnessed by the applicant's parents, who stated against him in statements recorded during investigation, and therefore the Court was not inclined to release the applicant on bail.ratio¶13
Clarification: the observations made herein are limited to the facts brought in by the parties pertaining to disposal of the bail application and shall have no bearing on the merits of the case during trial.obiter¶15

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 66) [Sameer Jain, J.] — Criminal Misc. Bail Application No. 2236 of 2025 (Neutral Citation No. 2025:AHC:40850), decided 20.3.2025. Ashutosh Mishra (applicant; counsel Manish Ojha) v. State of U.P. (opposite party; counsel G.A. and Dr. S.B. Maurya, AGA-I). Bail application in respect of an offence under Section 302 IPC registered as Case Crime No. 84 of 2023, Police Station Kotwali, District Varanasi, filed during pendency of trial. Counsel for applicant submitted that the allegations were totally false, that no motive appeared from the facts, and that the applicant had no criminal history and had been in jail since 16.07.2023 (more than a year); learned AGA opposed bail, alleging murder by knife injury witnessed by the applicant's parents who stated against him during investigation. DECISION: bail application REJECTED — although the applicant had been in jail for more than one and a half years, the alleged murder was committed in his own house by inflicting a knife injury, the incident having been witnessed by his parents who stated against him in statements recorded during investigation; Court was accordingly not inclined to release him on bail, without expressing any opinion on the merits. Court clarified that its observations were limited to disposal of the bail application and had no bearing on the merits of the case during trial.

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Neutral Citation No. - 2025:AHC:40850

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2236 of 2025

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Applicant :- Ashutosh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Manish Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Manish Ojha, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 84 of 2023, under Section 302 IPC, Police Station- Kotwali, District- Varanasi, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, as per allegation, applicant committed the murder of the deceased by causing knife injury to him and incident occurred in his house and incident has been witnessed by his parents and his parents also stated against him during investigation in their statements but entire allegations levelled against the applicant are totally false.

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He further submitted that from the entire facts of the case, it could not be reflected that what was the motive for the applicant to commit the instant crime.

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He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 16.07.2023 i.e. for last more than a year.

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Per contra, learned AGA opposed the prayer for bail and submitted that applicant committed the murder of the deceased by inflicting knife injury to him and incident has been witnessed by his parents and his parents stated against him in their statements recorded during investigation, therefore, applicant should not be released on bail.

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I have heard learned counsel for the parties and perused the record of the case.

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However, in the present matter, applicant is in jail for last more than one and half years but as per allegation, he committed the murder of the deceased in his house by inflicting knife injury to him and incident has been witnessed by his parents and his parents stated against him in their statements recorded during investigation, therefore, I am not inclined to release the applicant on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected .

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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.

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Order Date :- 20.3.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Ashutosh Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashutosh Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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