Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32597 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Pawan Shukla, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 211 of 2025, under Sections 3(5), 115(2), 109 of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25 of Arms Act, Police Station Friends Colony, District Etawah. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 03.08.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Shivam @ Shivam Kushwaha and Monu Kushwaha @ Abhishek Kushwaha have already been enlarged on bail by the Co-ordinate Bench of this Court vide orders dated 12.09.2025 and 09.09.2025 in Criminal Misc. Bail Application No. 31210 of 2025 and 7316 of 2025. He submits that the applicant has criminal antecedents of 12 other cases which has been explained in the affidavit filed in support of the bail application. He further submits that 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 prayer for bail of the applicant, but could not dispute the aforesaid fact. Considering all above facts and circumstances, the nature of accusations, Versus Counsel for Applicant(s) : Pawan Shukla Counsel for Opposite Party(s) : G.A. Vishal Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s)
severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Vishal Kushwaha, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in 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. October 8, 2025 pks BAIL No. 32597 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad