Shubham Mishra @ Monu Mishra vs State Of U.P. Thru. Prin. Secy. Home ...

1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

2. This is first bail application filed on behalf of the applicant who is involved in FIR/Case Crime No.165 of 2025, under Sections 109, 115(2), 352, 191(2) B.N.S., Police Station- Karaundi Kalan, District- Sultanpur.

3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case due to old enmity. He further submits that the injury reports of the complainant do not corroborate the prosecution story. Perusal of the injury report as well as CT Scan report shows that he has not received bony injury. The injuries are not of grievous nature nor dangerous to life.

4. It is further submitted that the applicant has criminal history of one case which is duly explained in para 18 of the bail application and he is in jail since 09.11.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the prosecution witnesses. He undertakes that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is further submitted that co-accused, namely, Saurabh Kumar Pandey @ Sootar, having identical role, has been granted bail by this Court vide order dated 31.03.2026, passed in Cr. Misc. Bail Application No.291 of 2026. Accordingly, the applicant is also entitled for bail on the ground of parity.

4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

5. Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is in jail since 09.11.2025; criminal history of one case against the applicant has duly been explained; co-accused, namely, Saurabh Kumar Pandey @ Sootar, having identical role, has been granted bail by this Court vide order dated 31.03.2026 and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail on the ground of parity.

6. Accordingly, the bail application is allowed.

7. Let the applicant- Shubham Mishra @ Monu Mishra involved in the aforesaid case crime number be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.

8. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

(Rajeev Bharti,J.)

May 6, 2026

Anand/-