Guddan Mishra @ Avanish Kumar Mishra and Another Vs State of U.P. Thru. Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:39890

Court No. - 30

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6465 of 2025 Applicant :- Guddan Mishra @ Avanish Kumar Mishra And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Ajay Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the applicants, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicants in Case Crime/FIR No.91 of 2025, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Shahbad, District- Hardoi, with the prayer to enlarge them on bail.

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The submission of learned counsel for the applicant is that the applicants are innocent persons and have been falsely implicated in the case and in jail since 02.06.2025. It is further submitted on behalf of applicants that one case is shown against the applicant No.1 and two cases have been shown against applicant No.2 in the gang chart and in all the cases shown against them, applicants are on bail. It is further submitted that apart from cases mentioned in the gang chart, applicant No.1 has also been implicated in one other case and that case also he has been enlarged on bail by this Court on 02.01.2024. In these circumstances, the applicants are entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in all the cases mentioned in the gang chart, applicants are on bail.

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Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, this Court finds that condition of Section 19 (4) of the Act are properly complied with and at this stage, they are not guilty of such offence, therefore, applicants are entitled to be released on bail. The present application stands allowed .

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Let the applicants- Guddan Mishra @ Avanish Kumar Mishra and Ramu , who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicants shall not commit or participate in any offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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(ii) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date 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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(iv) The applicants shall remain present before the Trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A IPC (Section 269 of B.N.S., 2023)

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(v) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (Section 84 of B.N.S.S., 2023), may be issued and if applicants fail to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC (Section 209 of B.N.S., 2023).

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(vi) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. (Section 351 of B.N.S.S., 2023) If in the opinion of the Trial Court absence of the applicants are 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 them in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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(Om Prakash Shukla, J.)

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Order Date :- 14.7.2025 -Piyush-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Guddan Mishra @ Avanish Kumar Mishra and Another v. State of U.P. Thru. Secy. Home Deptt. Lko.

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Guddan Mishra @ Avanish Kumar Mishra and Another v. State of U.P. Thru. Secy. Home Deptt. Lko.

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