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2026 DAILYLAW 8109 (ALL)

ASHISH KUMAR v. STATE OF U.P. AND 3 OTHERS

BAIL/31193/2025 · 2026-09-17

Arun Kumar Singh Deshwal

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31193 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Salman Ahmad, counsel for the applicant, Ms. Bharti Kashyap, counsel for opposite party nos.3 and 4, Ms. Mayuri Mehrotra, learned State Law Officer for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail during trial in Case Crime No. 27 of 2025, under Sections 137(2), 87 and 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 5(l) / 6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Rendhar, District Jalaun. 3. Counsel for the applicant submitted that the FIR was lodged for disappearance of the victim. It is further submitted that the victim in her statement recorded under Section 180 and 183 BNSS clearly stated that she herself left the house along with the applicant and no wrong has been committed by the present applicant, therefore, the applicant has not committed any offence. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 14.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned State Law Officer for the State has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Devika Kapoor, Pranjal Singh, Salman Ahmad Counsel for Opposite Party(s) : Bharti Kashyap, G.A. Ashish Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties; taking into account the statement of the victim recorded under Section 180 and 183 BNSS 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. Accordingly, the bail application is allowed. 6. Let the applicant- Ashish Kumar 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the BAIL No. 31193 of 2025 2 concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 18, 2026 CS/- BAIL No. 31193 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad