Shyam Babu Mishra vs State of U.P. and Another

2. Present application has been moved seeking anticipatory bail in Case Crime No. 79 of 2022, under Sections 147, 148, 149, 323, 325, 504, 506, 286, 308 IPC, Police Station Maudaha, District Hamirpur with the prayer that in the event of arrest, applicant may be released on bail.

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3. At the very outset, learned A.G.A. submits that he has not received any instructions as yet.

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4. On the other hand, learned counsel for the applicant submits that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant. It is further submitted that similarly placed co-accused Anuj Mishra and Lucky @ Utsav Mishra has already been granted anticipatory bail by this Court. It is further submitted that no specific role has been assigned to the applicant and as per FIR 10 named and 4-5 unknown persons are said to have assaulted the first informant side as a result of which 03 persons have received injuries but none of the injuries is dangerous to life. It is further submitted that the applicant is having criminal history, which has been explained in the memo of application. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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5. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra , (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of

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NABAIL No. 385 of 2026

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2

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accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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6. Considering the above submissions of the learned counsel for the applicant and without expressing any opinion on merits, the applicant- Shyam Babu Mishra involved in the aforesaid case crime be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 17.2.2026 with the following conditions :-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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(ii) 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/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant would cooperate during trial and would not misuse the liberty of interim interim anticipatory bail bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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7. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant herein.

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8. List this case as fresh on 17.2.2026.

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9. In the meantime, learned AGA may obtain instructions in the matter.

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January 20, 2026 Abhishek

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Shyam Babu Mishra v. State of U.P. and Another

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Shyam Babu Mishra v. State of U.P. and Another

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