Allahabad High Court
MITHIYO ALIAS MITHLESHversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Mithiyo alias Mithlesh was arrested in connection with a case of assault leading to death, charged under several sections of the B.N.S. The FIR and eyewitness statements implicated eight persons but did not assign a specific role to Mithiyo, and the post‑mortem showed only one fatal head injury among ten injuries. The applicant argued that co‑accused had already been released on bail and that, given the lack of specific evidence, his continued detention was unwarranted. The State opposed bail but did not dispute the factual background. Relying on the principle of parity with co‑accused, the overcrowding of jails, and Supreme Court precedents (Kapil Wadhawan v. CBI and the Suo Motu bail policy case), the High Court granted bail with standard conditions. The order directed verification of identity, bond execution, and electronic transmission of the release order.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences charged.
- Whether parity with co‑accused already released on bail warrants granting bail to the applicant.
- Whether the lack of specific incriminating evidence against the applicant justifies bail.
- Whether custodial interrogation is necessary after filing of the charge sheet.
Legislation cited
- B.N.S. — s. 103(2), 126(2), 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- criminal procedure
- parity
- overcrowded jails
- assault
- death
- pre‑trial detention
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 45582 of 2025
Mithiyo Alias Mithlesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : G.S.Chauhan
Counsel for Opposite Party(s) : G.A., Shiv Kumar Singh
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri G.S.Chauhan, learned counsel for the applicant, Sri Shiv Kumar
Singh, learned counsel for the first informant and Sri D.P.S. Chauhan,
learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 05 of 2025, under Sections- 191(2),
191(3), 190, 126(2), 352, 351(3), 103(2) of B.N.S., Police Station- Lahchura,
District- Jhansi, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that in the FIR, as well
as in the statements of the eye-witnesses, general allegations have been made
against eight persons for beating and causing the death of the deceased;
however, from the perusal of the post-mortem report of the deceased, it is
clear that he received ten injuries, out of which nine injuries are on non-vital
parts and only one injury is on the head, which was found to be fatal; and no
specific role has been assigned to the applicant or any other co-accused
person, while the motive has been assigned to Neeraj and Manoj; it is further
submitted that there is no recovery of any weapon on the pointing out of the
applicant. It is lastly submitted that the co-accused Balaldeen Ahirwar and
Anmol @ Ammu @ Ramnarayan, have already been released on bail by a
coordinate Bench of this Court in Criminal Misc. Bail Application Nos.
19887 of 2025 and 23750 of 2025 vide orders dated 17.09.2025 and
29.10.2025, respectively. Therefore, the applicant having an identical role, is
also entitled to be released on bail on the ground of parity. It is further
submitted that the applicant has explained the criminal history of four cases.
It is further submitted that charge sheet has been filed in the present case,
therefore, there is no requirement of custodial interrogation. The applicant is
a law abiding citizen and he is languishing in jail since 13.01.2025. In case,
he is granted bail, he will not misuse the liberty of bail and would cooperate
in the trial proceedings.
BAIL No. 45582 of 2025
2
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and taking into account the fact that similarly
situated co-accused has been enlarged on bail and keeping in view the nature
of offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 and without expressing any opinion
on the merits of the case, I am of the opinion that the applicant is entitled to
be enlarged on bail. Accordingly, the present application is allowed.
6. Let the applicant-Mithiyo Alias Mithlesh, involved in the
aforementioned crime be released on bail, on his furnishing a personal bond
and two sureties each in the like amount, to the satisfaction of the court
concerned, with the following conditions:-
i. 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.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhar card of the applicant as well as
sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website
of High Court Allahabad and verified by the concerned counsel with the
BAIL No. 45582 of 2025
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undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal in compliance of
the order of the Apex Court in the case of Policy Strategy for Grant of
Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685.
(Arun Kumar Singh Deshwal,J.)
April 20, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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