Shivnandan Alias Aditya Mishra Alias ... vs State Of U.P. And 3 Others

1. List has been revised. Learned A.G.A. has informed that notice to the informant has been served on 24.4.2026, but none appeared on behalf of the informant, even in the revised list.

2. Heard Sri Balram Jee Verma, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.10 of 2026, under Sections 123, 142, 61(2), 70(2) BNS and 5G/6 POCSO Act, Police Station Gorakhnath, District Gorakhpur, during the pendency of trial.

4. Learned counsel submits that similarly placed co-accused, Anurag Rai, has been granted bail by this Court vide order dated 17.4.2026 in Criminal Misc. Bail Application No.12848 of 2026, hence, the applicant, having an identical role and no criminal history, is entitled to bail on parity. He is in jail since 26.1.2026 and will not misuse the liberty of bail.

5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

6. Considering the facts and circumstances of the case and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

7. Let the applicant- Shivnandan Alias Aditya Mishra Alias Alok Pandit, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

May 6, 2026

Vikas Verma