Ashish Mishra Vs State of U.P.

Neutral Citation No. - 2025:AHC:34371

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8301 of 2025

Applicant :- Ashish Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Sharma,Kapil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Shri Rajesh Kumar Gupta, learned AGA for the State-respondents and perused the record.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant Ashish Mishra, with a prayer to release him on bail in Case Crime No. 56 of 2024, under Section 3/25/27 of Arms Act, registered at Police Station -Airwa Katra, District Auraiya, during pendency of the trial.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 25.03.2024. He has criminal history of two cases, which is explained in para no. 14 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.

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Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Two country made Tamancha of 315 bore and one fired cartridge, two empty cartridge and one missed cartridge were recovered. All the recoveries are planted recovery by the police. Applicant has no concerned with the alleged recovery. Hence, bail has been prayed for.

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Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Ashish Mishra, involved in above mentioned case crime number be released on bail , on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 10.3.2025 VS

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Ashish Mishra v. State of U.P.

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