Allahabad High Court

MANGEversusSTATE OF U.P.

Decided: 5 May 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The bail application is allowed.

Summary

Mange applied for bail in two criminal cases (Cr. No. 379/2024 and Cr. No. 13990/2024) involving alleged assault and related offences under Sections 191(2), 115(2), 352, 341(2) and 110 of the IPC. The applicant claimed innocence, stating he was falsely implicated and that a prior FIR had been lodged by him against the complainant for the same incident. He argued there were no specific allegations against him, he had no criminal record, and there was no risk of flight or evidence tampering. The State opposed bail but did not dispute the factual background. Considering the nature of the offence, the evidence, and the applicant's circumstances, the court found the bail criteria satisfied and ordered his release on personal bond and two sureties with standard conditions.

Issues considered

Whether bail should be granted to the accused under Sections 191(2), 115(2), 352, 341(2) and 110 of the IPC.
Whether the applicant poses a risk of fleeing, tampering with evidence, or intimidating witnesses.
Whether the lack of specific allegations and the applicant's clean record warrant bail.

Legislation cited

Indian Penal Code — s. 110, 115(2), 191(2), 341(2), 352

Subjects

bail
Indian Penal Code
Section 191
Section 115
Section 352
Section 341
Section 110
false implication
evidence tampering
sureties

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35262 of 2025

Mange
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Lovekush Kumar Mishra, Manoj
Mishra, Shashank Mishra
Counsel for Opposite Party(s) : Amit Singh, G.A., Shiv Charan
Tripathi, V.K. Agnihotri

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Manoj Mishra along with Shri Shashank Mishra, learned
counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A.
for the State and perused the record.

The present bail application has been filed by the applicant Mange with a
prayer to enlarge him on bail in Case Crime No.379 of 2024, under
Sections 191 (2), 115 (2), 352, 341 (2), 110 BNS, Police Station-Sadar
Bazar, District-Agra, and Case No. 13990 of 2024, during pendency of
trial.

Learned counsel for the applicant submits that the accused applicant is
innocent. He has been falsely implicated in the present case and is
languishing in jail since 22.08.2025. Learned counsel for the applicant
submits that first information report was lodged against five named
persons, including the applicant, with the allegation that on the date of
incident due to some dispute, all the accused persons, hurled abuses and
beaten the first informant and other persons in which the first informant
and five other persons sustained injuries. Learned counsel for the
applicant submits that it is a cross case version as before lodging the
present first information report, a first information report for the same
incident was lodged by the applicant against the first informant and other
persons, on the same day being Case Crime No. 378 of 2024. Three
persons from the side of applicant, including the applicant, have also
sustained injuries. It has been further argued that there is only general
BAIL No. 35262 of 2025
2

allegation against the applicant. No specific allegation has been levelled
against the applicant. The applicant has no criminal antecedents and there
is no likelihood of his fleeing from course of justice or tampering with
evidence in case of release on bail. Hence, bail has been prayed for.

Per contra, learned A.G.A. has opposed the bail prayer of the applicant
but could not dispute the aforesaid facts.

Considering the nature of the offence, material/evidence brought on
record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of
the view that the applicant has made out a case for bail. The bail
application is allowed.

Let the applicant-Mange, involved in aforesaid case crime be released on
bail on his furnishing a personal bond and two local sureties each of the
like amount to the satisfaction of the court concerned, subject to the
following conditions:-

1. The applicant will not tamper with the evidence.

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

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

4. 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.

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

(Ashutosh Srivastava,J.)
May 6, 2026
Deepak/

Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad

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