Samar Alias Sonu Kushwaha Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:89049

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16741 of 2025

Applicant :- Samar Alias Sonu Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 12.05.2025 but none is present on behalf of the informant.

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Heard Sri Santosh Kr. Singh Paliwal, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record.

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Applicant seeks bail in Case Crime No. 504 of 2024, under Sections 376D, 504, 506 of I.P.C. and Sections 3/4(2) of POCSO Act, Police Station - Kotwali, District - Azamgarh, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Indresh Nishad Alias Yuvraj Nishad, has already been enlarged on bail by this Court vide order dated 19.11.2024 passed in Criminal Misc. Bail Application No. 42374 of 2024. It is further submitted that since the case of the applicant is on a better footing to the case of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 03.04.2024, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

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The prayer for bail has been vehemently opposed by learned State Law Officer. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on

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record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 , without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity.

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Let the applicant- Samar Alias Sonu Kushwaha, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant will appear before the trial court on the date fixed.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date:- 26.5.2025 Siddhant

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(Justice Krishan Pahal)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Samar Alias Sonu Kushwaha v. State of U.P. and 3 Others

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