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

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 6467 of 2025

Tarun Mishra

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy.	Home Lko.		.....Opposite Party(s)
Counsel for Applicant(s)	: Anurag Singh, Khan, Narendra	Moham Gupta	mad Salim
Counsel for Opposite Party(s)	: G.A., Anurag Prasad Tripathi	Shukla,	Jagdambika

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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It is alleged in the prosecution case that on 29.05.2025 at about 6:25 p.m., Mr. Anukul Seth, aged 34 years, was inspecting road and lighting work near the Head Post Office, Sitapur, when a white Swift Dzire car (UP 32 NQ 8841) bearing an MLA and Legislative Assembly Secretariat pass hit him from behind due to the driver’s rash and negligent driving. He sustained serious injuries, was initially treated at Sai Sanjeevani Hospital, Sitapur, and later referred to Icon Hospital, Lucknow, where he succumbed to his injuries on 30.05.2025.

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Learned counsel for the applicant submits that it is an admitted position of the prosecution that the vehicle was being driven rashly and negligently by the applicant. It is further submitted that with regard to the alleged offence of forgery, the said pass has not been used anywhere. The applicant is innocent and has no criminal antecedents. The charge sheet has already been filed. The applicant is a student of B.Sc. final year and is in custody since 01.06.2025.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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BAIL No. 6467 of 2025

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2

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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 the applicant.

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On due consideration to the gravity of the offence, the punishment prescribed therein, the fact that charge sheet has been filed, the applicant is a student; the applicant is in jail since 01.06.2025 without having any criminal antecedents, this Court finds it to be a fit case for granting bail to the applicant.

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Accordingly, the bail application is allowed .

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Let the applicant Tarun Mishra involved in U/s-281,125 (A), 125 (B), 106 (1), 318 (4), 338,336 (3), 340 (2), 3 (5) B.N.S., CASE CRIME NO. 151/2025, POLICE STATION. KOTWALI NAGAR, SITAPUR, 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

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BAIL No. 6467 of 2025

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3

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to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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 (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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(Karunesh Singh Pawar,J.)

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October 27, 2025 R.C.

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

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

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

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