Abhishek Mishra @ Kuldeep Mishra vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko — Allahabad HC (2026) — LawSathi Research

Abhishek Mishra @ Kuldeep Mishra vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Abhishek Mishra @ Kuldeep Mishra to be released on bail in Case Crime No. 10/2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: no tampering with prosecution evidence, no pressurizing prosecution witnesses, and appearance on each and every date fixed by the trial Court; further conditions left to the trial court.

Issue for consideration

Whether the applicant Abhishek Mishra @ Kuldeep Mishra, accused in Case Crime No. 10/2022 under sections 307, 504 and 506 IPC, Police Station Lalganj, District Pratapgarh, should be enlarged on bail on parity with co-accused Santosh Kumar Mishra, who has already been released on bail.

Court's answer

On due consideration of the submissions, the injury report, the statement of the injured, the bail order passed in favour of the co-accused, and the applicant's judicial custody since 22.12.2025, the Court found it to be a fit case for enlarging the applicant on bail.

Ratio / Principle

The bail application is allowed and the applicant is to be released on bail in Case Crime No. 10/2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned.

Key takeaways

Release on bail is subject to conditions: the applicant shall not tamper with the prosecution evidence, shall not pressurize the prosecution witnesses, and shall appear on each and every date fixed by the trial Court.ratio¶20
The trial court/concerned court may also impose any other condition(s) which it deems fit and proper in the circumstances of the case.ratio¶23
The observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.obiter

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.; decision dated February 13, 2026) allowed Criminal Misc. Bail Application No. 699 of 2026 filed by Abhishek Mishra @ Kuldeep Mishra, accused in Case Crime No. 10/2022 under sections 307, 504 and 506 IPC of Police Station Lalganj, District Pratapgarh. Bail was allowed principally on parity: co-accused Santosh Kumar Mishra, specifically assigned the role of firing, had already been enlarged on bail by a Coordinate Bench of the Court vide order dated 20.03.2023 in Criminal Misc. Bail Application No. 3793 of 2023, and as per the statement of the injured Subedar Mishra the applicant's alleged role was limited to holding a lathi. The learned AGA opposed the application but did not dispute parity. Taking into account also the injury report, the statement of the injured and the applicant's judicial custody since 22.12.2025, the Court found it a fit case for bail and directed release on a personal bond with two sureties each in the like amount, subject to conditions that the applicant shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on every date fixed by the trial Court, with liberty to the trial court to impose further conditions. The Court clarified that its observations were confined to the bail application and would have no bearing on the merits of the trial.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 699 of 2026

Abhishek Mishra @ Kuldeep Mishra

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko .....Opposite Party(s) Counsel for Applicant(s) : Arvind Kumar Mishra, Mukul Kumar Singh, Rajesh Kumar Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

Heard Shri Mukul Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the record.

In the prosecution case, it is alleged that the applicant, along with the coaccused persons and with the intention to kill the brother of the complainant, committed the alleged offence while being armed with illegal weapons.

Submission of learned counsel for the applicant is that the co-accused Santosh Kumar Mishra, who was specifically assigned the role of firing, has already been granted bail by a Coordinate Bench of this Court vide order dated 20.03.2023 passed in Criminal Misc. Bail Application No. 3793 of 2023. It is further submitted that, as per the statement of the injured Subedar Mishra, the present applicant has only been assigned the role of holding a lathi and, therefore, claims parity with the co-accused who has already been enlarged on bail.

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.

Per contra, learned AGA has opposed the bail application; however, he does not dispute that the case of the applicant stands on parity.

Upon due consideration of the submissions advanced by learned counsel for

BAIL No. 699 of 2026

2

the parties, and on perusal of the injury report, the statement of the injured, as well as the bail order passed in favour of the co-accused, coupled with the fact that the applicant has been languishing in judicial custody since 22.12.2025, this Court finds it to be a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed .

Let the applicant Abhishek Mishra @ Kuldeep Mishra , involved in Case Crime No. 10/2022, under section 307,504,506, I.P.C Police Station-Lalganj, District-Pratapgarh, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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.

Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

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.

(Karunesh Singh Pawar,J.)

February 13, 2026 R.C.

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