Umashankar Kushwaha Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Umashankar Kushwaha Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Umashankar Kushwaha on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before the release order, subject to conditions: (i) not to tamper with evidence during trial, (ii) not to pressurise/intimidate prosecution witnesses, (iii) to appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether applicant Umashankar Kushwaha should be released on bail in Case Crime No.435 of 2024 (under Sections 366, 376, 342 I.P.C.), pending trial. +1 more

Court's answer

Considering the facts and circumstances, the submissions of counsel, the evidence on record, the delay in institution of the FIR, the absence of medical corroboration, and that the victim appeared to be a consenting party, and without expressing any opinion on the merits of the case, the Court held that the applicant had made out a case for bail and the bail application was allowed.

Ratio / Principle

The applicant was ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the stated conditions, with the sureties to be verified before issuance of the release order.

Key takeaways

Breach of any of the imposed bail conditions shall constitute a ground for cancellation of bail.ratio¶18
It was made clear that the 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.obiter¶19

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 65), Justice Krishan Pahal, order dated 27.5.2025 (Neutral Citation 2025:AHC:90216): Bail granted to Umashankar Kushwaha, in custody since 07.12.2024, in Case Crime No.435 of 2024 under Sections 366, 376, 342 I.P.C., Police Station Kotwali Lalitpur, District Lalitpur, during pendency of trial (Criminal Misc. Bail Application No. 18087 of 2025). Counsel for the applicant argued he was innocent and falsely implicated; the FIR was delayed by about five days without explanation; there was no medical corroboration of the incident; the victim, a married lady, was major and a consenting party, having gone with the applicant to Gujarat without raising any alarm; and the applicant had no criminal history. The learned A.G.A. opposed the application. Considering these factors, and without expressing any opinion on the merits, the Court found a case for bail made out and allowed the application. Release was ordered on a personal bond and two sureties each in the like amount (sureties to be verified beforehand), subject to conditions of not tampering with evidence, not pressurising/intimidating prosecution witnesses, and appearing before the trial court on fixed dates; breach of any condition to be ground for cancellation of bail. Observations made in granting bail were expressly not to affect the trial Judge's independent opinion.

Neutral Citation No. - 2025:AHC:90216

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18087 of 2025

Applicant :- Umashankar Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Hanuman Prasad Kushwaha, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.435 of 2024, under Sections 366, 376, 342 I.P.C., Police Station Kotwali Lalitpur, District Lalitpur, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about five days and there is no explanation of the said delay caused. The victim is a married lady, obviously is major and a consenting party as is evident from the fact that she has gone with the applicant all the way to Gujarat and has not raised any alarm whatsoever.

Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 07.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR and there being no medical corroboration of the incident coupled with the fact that the victim seems to be a consenting

party, 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 .

Let the applicant- Umashankar 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.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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

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

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.

Order Date :- 27.5.2025

(Ravi Kant)

(Justice Krishan Pahal)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad