ALOK MISHRAversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 2374 of 2026

Alok Mishra
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                    :   Santosh Kumar Tiwari
Counsel for Opposite Party(s)               :   G.A.

Court No. - 72
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Mr. Santosh Kumar Tiwari, learned counsel for the applicant,
Mr. Shiv Dutt Shukla, learned A.G.A. for the State and perused the
record.

2. The present application has been moved seeking anticipatory bail in
Case Crime No.-306 of 2025, under Sections 115(2), 352, 351(3), 118(2)
B.N.S., Police Station Pipiganj, District Gorakhpur, with the prayer that in
the event of arrest, applicant may be released on bail.

3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case. It is
further submitted that the First Information Report has been lodged
against unknown persons and it is alleged that some unknown persons
have assaulted the son of the first informant by hard and blunt object and
bricks, as a result of which, the injured has received injury on his eyes.
During investigation, the name of the applicant has surfaced. The injuries
received by the injured have not been found to be dangerous to life. It is
further submitted that after the alleged incident, the injured is said to have
gone to Nepal and it is alleged that surgery was performed on him and the
First Information Report has been lodged after delay of nine days. 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
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investigation and would obey all conditions of bail.

4. On the other hand, learned A.G.A. has opposed the application for
anticipatory bail.

5. The first information report has been lodged against unknown persons
after delay of nine days alleging therein that some unknown persons have
assaulted the first informant by hard and blunt object and bricks, as a
result of which, the injured sustained injury on his eyes. Further, during
investigation, the name of the applicant has surfaced.

6. 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, Court must consider
nature and gravity of 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.

7. In the instant case, considering the settled principle of law regarding
anticipatory bail, submissions of the learned counsel for the parties, role
of applicant and all attending facts and circumstances of the case, without
expressing any opinion on merits, a case for anticipatory bail is made out.

8. The anticipatory bail application is allowed.

9. In the event of arrest of the applicant- Alok Mishra involved in the
aforesaid case crime shall be released on anticipatory bail on furnishing a
personal bond of Rs. 50,000/- with two sureties each in the like amount to
the satisfaction of the Court concerned, with the following conditions :-

(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;

(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 co-operate during trial and would not misuse the
                                    liberty of bail.

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

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



                                                                                    (Jitendra Kumar Sinha,J.)
                                    March 19, 2026
                                    Rama Kant




Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad