Allahabad High Court
ANURAG MISHRAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during the trial, subject to prescribed conditions, without expressing any opinion on the merits of the case.
Summary
The High Court considered a bail application filed by Anurag Mishra, who was arrested in connection with FIR alleging assault and robbery under several IPC sections. The applicant claimed innocence, asserted that he had no specific role, and highlighted that co‑accused had already been granted bail. The State opposed the bail, but the Court, after reviewing the record and the seriousness of the alleged offences, decided that the applicant was entitled to bail during the pendency of trial, subject to strict conditions. The Court emphasized that the order was not an adjudication on the merits of the case. Consequently, the applicant was released on personal bond with two sureties and a set of conditions to prevent tampering, intimidation of witnesses, and commission of similar offences.
Issues considered
- Whether the accused, charged under IPC sections 115(2), 352, 351(3), 109, 309(6) and 308(5), is entitled to bail during the pendency of trial.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 308(5), 309(6), 351(3), 352
Subjects
- bail
- criminal procedure
- Indian Penal Code
- presumption of innocence
- conditions of bail
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30249 of 2026
Anurag Mishra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Deshraj Garg
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 118 of 2026, under Sections 115(2), 352, 351(3),
109, 309(6), 308(5) BNS, Police Station- Kotwali Dehat, District- Banda,
during pendency of the trial in the court concerned.
Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present FIR has been lodged with the
allegation that accused persons assaulted the informant, who claimed
himself to be the Manager of the Moram Khadan Marauli, Khand-6
(Chatgan) and looted Rs. 2,80,000/- from him. It is next submitted that
applicant is having no concern with the allegations levelled against him
and he has not committed any offence as alleged by prosecution. It is next
submitted that no specific role has been attributed to the applicant. None
of the injuries sustained to the injured is dangerous to life. Co-accused
Govind Shukla, against whom role of firing has been attributed in the
FIR, has been granted bail by this Bench vide order dated 25.8.2026 in
Criminal Misc. Bail Application No. 29046 of 2026. Criminal history of
the applicant has been explained in the supplementary affidavit and the
applicant is languishing in jail since 24.6.2026. It is also submitted that
the applicant undertakes that he will not misuse the liberty, if granted. It
has also been pointed out that in the wake of heavy pendency of cases in
the Court, there is no likelihood of any early conclusion of trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
BAIL No. 30249 of 2026
2
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Anurag Mishra be released on bail in the aforesaid case on
his executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). 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.
It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 8, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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