Abhay Singh Kushwaha vs State of U.P.

Neutral Citation No. - 2025:AHC:72589

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11428 of 2025

Applicant :- Abhay Singh Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- R.C. Maurya Counsel for Opposite Party :- G.A.

¶5

Hon'ble Siddharth,J.

¶6

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶7

There are allegations in first information report regarding commission of offence of murder against two persons namely, Dashrath Kushwaha and Abhay Singh Kushwaha.

¶8

Learned counsel for the applicant submits that the applicant had no role in the incident. He did not accompanied the co-accused to the place of incident. He is alleged to have provided only motorcycle of his father to the co-accused, Dashrath Kushwaha. He has been falsely implicated in this case since he is nephew of the co-accused. He is in jail since .04.11.2024.

¶9

Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

¶10

Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶11

Let the applicant, Abhay Singh Kushwaha , involved in Case Crime No.483 of 2024, under Sections 103(1), 238, 61(2) of B.N.S, Police Station Ajitmal, District- Auraiya 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶12

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

¶13

(ii) 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

¶14

present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶15

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

¶16

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

¶17

(v) 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 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶18

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

¶19

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶20

Order Date :- 6.5.2025 SS

¶21

Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad

Abhay Singh Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhay Singh Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Karan vs State of U.P.

Arjun Shukla @ Havda vs State of U.P.

Shanu Thakur vs State of U.P.

Akshay Baliyan vs State of U.P. and Another

Rajiv Chauhan vs State of U.P. and Another

Virendra Kumar Verma vs State of U.P.