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2025 DAILYLAW 103625 (ALL)

ROSHAN KUSHWAHA v. STATE OF U.P.

BAIL/34876/2025 · 2025-10-09

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34876 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Supplementary affidavit, filed by learned counsel for the applicant, is taken on record. 2. Heard Sri Kunwar Abhishek and Sri Ashish Kr. Maurya, learned counsel for the applicant; Sri Bhanu Dutt Pandey, learned brief holder for the State and perused the record. 3. The instant application has been filed to enlarge the applicant on bail in case crime No. 174 of 2025, under Sections 137(2), 87 BNS, P.S. Baruasagar, District Jhansi. 4. Contention of learned counsel for the applicant is that though in the F.I.R. allegation has been made that the applicant enticed away the minor daughter of the first informant, the victim in her statement under Section 183 BNSS has clearly stated that she herself left her house and she was in relationship with the applicant and as per the High School Certificate, the victim is about 17 years and 8 months old. The applicant has not committed any offence and he is languishing in jail since 18.7.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. Versus Counsel for Applicant(s) : Ashish Kumar Maurya, Kunwar Abhishek Counsel for Opposite Party(s) : G.A. Roshan Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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. 7. Let the applicant- Roshan Kushwaha, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 10, 2025 Vandana BAIL No. 34876 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad