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2025 DAILYLAW 40862 (ALL)

ANAND KUSHWAHA v. STATE OF U.P. AND 3 OTHERS

BAIL/13946/2025 · 2025-05-25

Ashutosh Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:88995 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13946 of 2025 Applicant :- Anand Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Hanuman Prasad Kushwaha, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Anand Kushwaha, seeking enlargement on bail in Case Crime No. 70 of 2025, under Sections 75, 351 (3) of the Bharatiya Nyaya Sanhita, 2023, Section 7/8 POCSO Act and Section 3 (2) (va), 3 (1) r, s, SC&ST Act, Police Station Talbehat, District Lalitpur. 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 25.2.2025. Learned counsel for the applicant submits that there is four days delay in lodging the FIR. No explanation has been given. There is allegation of catching hold the hand of victim behind back is levelled against the applicant. Except this there is no other allegation against the applicant. He has no criminal antecedent and 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. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, 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, Anand 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. Order Date :- 26.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad