Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 14545 (ALL)

RAGHUVEER KUSHAWAHA v. STATE OF U.P. AND 3 OTHERS

BAIL/39926/2025 · 2026-10-05

Krishan Pahal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39926 of 2025 Court No. - 68 (Sl. No. 121 out of 190) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 7.11.2025. 2. Heard Sri Surendra Bahadur, learned Advocate holding brief for Sri Arun Kumar Singh, learned counsel for applicant, Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No. 138 of 2025, under Sections 74, 75(2), 351(3) BNS and 9m/10 POCSO Act, Police Station Raniya, District Kanpur Dehat, with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He is languishing in jail since 31.7.2025, as such, period of incarceration is more than one year and the case is punishable by up to seven years of imprisonment. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the trial is almost at its logical end and that the victim has sustained injury on her vital part. 6. This Court had called for the status of trial. As per the status report Versus Counsel for Applicant(s) : Arun Kumar Singh, Harsh Ojha, Hridaya Narain Singh, Sudhakar Singh Counsel for Opposite Party(s) : G.A. Raghuveer Kushawaha .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) dated 24.7.2026, charge against the applicant was framed on 10.10.2025 and subsequent to it, nine witnesses have been examined. The cross- examination of P.W.-9 remains to be examined. 7. After hearing learned counsel for the parties and taking into consideration the status report whereby the trial is at its conclusive end and the fact that the victim has sustained injury on her vital part, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 8. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, if there is no legal impediment. 9. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. 10. The Registrar Compliance is directed to transmit a copy of this order to the trial court concerned for necessary compliance. October 6, 2026 Shalini BAIL No. 39926 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad