Reena Mishra vs the State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2025)

Reena Mishra vs the State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted; applicant Reena Mishra to be released on furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial court unless appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant, Reena Mishra, implicated in Case Crime No. 67 of 2025 under Sections 2/3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, is entitled to be released on bail.

Court's answer

Only one of the four cases mentioned in the gang chart was made the basis of the applicant's imposition in the gang chart, and she has already been granted bail in those cases, including the solitary case mentioned in the gang chart.

Ratio / Principle

Prima facie the applicant appears to have been implicated in the present case merely because she has a criminal history, and there is no reasonable ground for prima facie believing that she is guilty of the offence alleged.

Key takeaways

The minimum punishment imposable upon the applicant's conviction is imprisonment for two years.ratio¶18
Nothing on record gives rise to a reasonable apprehension that the applicant may tamper with the evidence, influence the witnesses, abscond and not face trial, or commit any other offence if released on bail.ratio¶19
Without expressing any opinion on the merits of the case, the Court held that the applicant is entitled to be released on bail.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 13 — Criminal Misc. Bail Application No. 5482 of 2025 (Subhash Vidyarthi, J.; decided September 23, 2025): Bail allowed to applicant Reena Mishra in Case Crime No. 67 of 2025 under Sections 2/3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station Manikpur, District Pratapgarh. The gang chart mentioned her involvement in 4 cases, but only one case was made the basis of her imposition in the gang chart, and she had already been granted bail in those cases, including the solitary gang-chart case. Two co-accused, Rajesh Mishra and Brajesh Kumar Dwivedi, had already been granted bail by a Co-ordinate Bench (orders dated 29.05.2025 and 02.05.2025 in Bail Application Nos. 4807 of 2025 and 3742 of 2025). The applicant, in custody since 23.04.2025, faced a minimum punishment of two years' imprisonment; nothing on record suggested risk of tampering with evidence, influencing witnesses, absconding or further offending. Without expressing any opinion on the merits, the Court held her entitled to bail and released her on a personal bond with two reliable sureties of like amount, subject to conditions against tampering with prosecution evidence, pressurizing prosecution witnesses, and requiring appearance on every date fixed by the trial court unless exempted.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 5482 of 2025

Reena Mishra

.....Applicant(s)

Versus The State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Counsel for Applicant(s) : Anil Singh, Aayush Dwivedi Counsel for Opposite Party(s) : G.A., Parmanand Gupta

Court No. - 13

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri Anil Singh, the learned counsel for the applicant, Shri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.67 of 2025, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Manikpur, District- Pratapgarh.

The gang chart mentions involvement of the applicant in 4 cases although only one of those cases has been made the basis of imposition of the applicant in gang chart and she has been granted bail in those cases including the solitary case mentioned in the gang chart.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent and she has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang.

Two co-accused persons Rajesh Mishra and Brajesh Kumar Dwivedi have already been granted bail in the present case by means of orders dated 29.05.2025 and 02.05.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos.4807 of 2025 and 3742 of 2025.

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Prima facie it appears that the applicant has been implicated in the present

BAIL No. 5482 of 2025

2

case merely because she has a criminal history and the applicant is languishing in jail since 23.04.2025. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged.

The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years.

There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that she is likely to commit any other offence in case she is released on bail.

In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

Accordingly, the bail application is allowed .

Let the applicant- Reena Mishra be released on bail in the case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned subject to following conditions:—

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

September 23, 2025 -Amit K-

(Subhash Vidyarthi,J.)

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