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2026 DAILYLAW 835 (ALL)

GOVIND KUSHWAHA v. STATE OF U.P. AND ANOTHER

BAIL/10549/2026 · 2026-04-19

Yogesh Dubey Joint Registrar Judicial

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10549 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Kali Shanker Tiwari, learned counsel for the applicant, Sri B.P. Maurya, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 443 of 2025 under Sections 3,4,5,6 and 7 of Immoral Traffic (Prevention) Act and 99 of BNS registered at Police Station New Agra, District Agra during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant has been falsely implicated in this case and he has been languishing in jail since 19.12.2025. It is further submitted that co-accused Vishnu Kumar has already been granted bail by a Co-ordinate Bench of this Court vide order dated 11.3.2026 passed in Criminal Misc. Bail Application No. 4766 of 2026. It is further submitted that as per the FIR, applicant was arrested from the reception counter of a spa centre in which it is alleged that illegal sex trade was being carried out. It is also submitted that applicant has no criminal history and he undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant. 5. Co-accused Vishnu Kumar has already been granted bail by a Co-ordinate Bench of this Court. As per the FIR, applicant was arrested from the reception counter of a spa centre in which it is alleged that illegal sex trade was being carried out. Applicant has no criminal history and he is languishing in jail since 19.12.2025. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. Versus Counsel for Applicant(s) : Ashwani Tiwari, Kali Shanker Tiwari Counsel for Opposite Party(s) : G.A. Govind Kushwaha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. Let the applicant Govind Kushwaha involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with 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 not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. April 20, 2026 Madhurima BAIL No. 10549 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad