Nishant Mishra Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Neutral Citation No. - 2025:AHC-LKO:48162

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3684 of 2025

Applicant :- Nishant Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Akhilesh Kumar Mishra,Omkar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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As per learned counsel for the applicant, the applicant is in jail since 18.11.2024 in Case Crime No. 163 of 2024, under Sections 191(2), 190, 352, 115(2), 333, 110, 351(3), 109, 103 B.N.S., 2023, P.S. Delhupur, District Pratapgarh.

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Attention has been drawn towards the impugned F.I.R. wherein the general allegations of beating and assault has been attributed against five accused persons including the present applicant. As a matter of fact all accused persons are the family members of the present applicant. Co-accused Suman, Sunita and Arju Mishra have been granted bail from the court-below on 10.1.2025, 21.1.2025 and 20.03.2025 respectively.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. Since no specific allegation attributing specific weapon has been levelled against the present applicant, therefore, he may be enlarged on bail.

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It is further submitted that the co-accused Sagar Mishra has already been granted bail by a coordinate bench of this Court vide order dated 24.7.2025 passed in Criminal Misc. Bail Application No. 3594 of 2025. Hence, the present applicant claims parity. The applicant has no criminal history. He undertakes that he shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for

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the applicant.

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Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the F.I.R. general allegations of beating and assault has been attributed against five accused persons including the present applicant, all accused persons are the family members of the present applicant, co-accused Suman, Suneeta and Arju Mishra have been granted bail from the court-below on 10.1.2025, 21.1.2025 and 20.03.2025 respectively, no specific allegation attributing specific weapon has been levelled against the present applicant coupled with the fact that he is languishing in jail since 18.11.2024 without any criminal history and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case on the ground of parity.

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Accordingly, the bail application is allowed .

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Let the applicant- Nishant Mishra involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.

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Order Date :- 18.8.2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Nishant Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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Nishant Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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