Lavi Mishra vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Lavi Mishra vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Accused-applicant Lavi Mishra to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses, co-operation in trial; regular appearance before trial court unless exempted through counsel); on breach of any condition, the court below is at liberty to cancel the bail.

Issue for consideration

Whether accused-applicant Lavi Mishra, held in Case Crime No. 20 of 2025 under Sections 109 (1), 118 (1) BNS and Sections 4/25 and 9/25 Arms Act, Police Station Ghatampur, District Kanpur Nagar, should be enlarged on bail.

Court's answer

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

Ratio / Principle

The bail application is allowed; the accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to the conditions: (i) not to tamper with evidence; (ii) not to indulge in any criminal activity; (iii) not to pressurize/intimidate prosecution witnesses and to co-operate in the trial; (iv) to appear regularly on each and every date fixed by the trial court unless exempted through counsel; and on breach of any of these conditions the court below will be at liberty to proceed to cancel his bail.

Detailed headnote1 paragraphs

Allahabad High Court (Neutral Citation 2025:AHC:81083; Court No. 68), Hon'ble Ashutosh Srivastava, J., Order Date 14.5.2025 — CRIMINAL MISC. BAIL APPLICATION No. 9100 of 2025 under Section 483 BNSS by accused-applicant Lavi Mishra, in custody since 19.01.2025, in Case Crime No. 20 of 2025 under Sections 109 (1), 118 (1) BNS and Sections 4/25 and 9/25 Arms Act, Police Station Ghatampur, District Kanpur Nagar. Counsel argued the applicant innocent and falsely implicated: the incident of 18.01.2025 at about 10:45 O'clock was followed by FIR lodging at about 14:16 O'clock after about 4 hours delay against unknown person; the applicant himself sustained grievous injuries, was medically examined with condition reported very critical and referred to surgery; alleged recovery of desi pistol, knife, surgical knife and suja was made though the FIR named only the two BNS sections; the applicant was caught by bank officers but not disclosed in the FIR; no independent eye-witness and no statements said to have been recorded by the investigating officer. Learned AGA (represented by Sri Shashi Prakash Rai) opposed the prayer but could not dispute the aforesaid facts. Without commenting on the merits, considering nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, the court allowed bail: release on executing a personal bond and two reliable sureties each to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses with co-operation in trial, and regular appearance before the trial court unless exempted through counsel; on breach of any condition the court below is free to cancel the bail.