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

As per learned counsel for the applicant, the present applicant is languishing in jail since 5.11.2024 in Case Crime No.202 of 2023, under Sections 147, 148, 149, 302, 120-B I.P.C., 5/25/27 Arms Act, P.S. Akhand Nagar, district Sultanpur. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

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It is submitted on behalf of the applicant that there is no eye witness found in the present case as no one has seen the incident. There is no incriminating material or evidence against the present applicant except the statement of some witnesses, who have stated that they have seen all accused persons who were riding on the motorcycle. Name of the accused applicant has surfaced in the confessional statement of the co-accused Gullu. The applicant has explained criminal history in the bail application.

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Learned counsel for the applicant has also submitted that co-accused, namely, Kisendar Rajbhar, Prince Rajbhar and Gullu @ Vijay Bahadur Rajbhar have already been granted bail by this Court in Crl. Misc. Bail Application Nos. 320/2024, 12352/2023 & 14351/2023 vide orders dated 03.09.2024, 18.09.2024 & 25.09.2024. He claims parity.

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Learned counsel for the applicant has undertaken on behalf of the present

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BAIL No. 488 of 2025

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applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

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Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant.

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Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no one has been named in FIR, there is no incriminating material or evidence against the present applicant except the statement of some witnesses, who have stated that they have seen all accused persons, who were riding on the motorcycle; co-accused namely, Kisendar Rajbhar, Prince Rajbhar and Gullu @ Vijay Bahadur Rajbhar have already been granted bail by this Court in Crl. Misc. Bail Application Nos.320/2024, 12352/2023 & 14351/2023 vide orders dated 03.09.2024, 18.09.2024 & 25.09.2024, and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

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Accordingly, the instant bail application is allowed on parity ground.

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Let the applicant Shivam Mishra be released on bail in the aforesaid case crime number 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:-

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(i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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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BAIL No. 488 of 2025

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(ii) 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 under Section 229-A IPC/269 of the B.N.S., 2023.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 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 174-A IPC/208 of the B.N.S., 2023.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court

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(Karunesh Singh Pawar,J.)

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August 27, 2025 kkb/

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

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

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

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