Udit Kushwaha Vs State of U.P.

Neutral Citation No. - 2025:AHC:78790

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13001 of 2025

Applicant :- Udit Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh Parmar Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J .

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The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for regular bail in Case Crime No. 99 of 2022, under Sections 287, 308, 338, 418 of I.P.C., Police Station - Kabrai, District - Mahoba, during pendency of trial.

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Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that there are no intent for commission of any offence as alleged. There are no material credible evidence on record to link the applicant with the alleged offence. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 19.10.2022 by the investigating officer and the court concerned has already taken cognizance. Applicant is languishing in jail since 20.03.2025.

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Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court.

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Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments.

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Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record.

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It is admitted fact that after completion of investigation, charge

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sheet has been filed and the court concerned has taken cognizance; there is no previous criminal history against the applicant and also there is no credible evidence on the record to link the applicant in commission of the alleged offence; applicant is languishing in jail since 20.03.2025, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant may grant bail he will influence the trial or influence the witnesses.

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Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed.

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Let the applicant - Udit Kushwaha, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) 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.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 13.5.2025 VS

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(Chandra Dhari Singh,J.)

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

Udit Kushwaha v. State of U.P.

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