Sandeep Kushwaha Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 33258 of 2025

Sandeep Kushwaha

			.....Ap	plicant(s)
	Versus
State of U.P.			....	.Opposite Party(s)
Counsel for Applicant(s)	: Ashutosh Mishra	Kumar	Mishra,	Saurabh
Counsel for Opposite Party(s)	: G.A.
Court No.- 70

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HON'BLE SANTOSH RAI, J.

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Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant Sandeep Kushwaha with a prayer to release him on bail in Case Crime No. 239 of 2025, under Sections 331(4), 305, 317(2), 317(4), 317(5) of BNS, Police Station Ramkola, District Kushinagar during pendency of trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. He further submits that F.I.R. was lodged against four unknown persons and it is alleged in the F.I.R. that one mobile and Rs. 40,000/- cash was stolen by some unknown persons. He further submits that during the course of investigation name of applicant came into light and false recovery of Rs. 22,700/- and a mobile was shown at very belated stage of the investigation. He further submits that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. He further submits that nothing incriminating has been recovered from the possession of the applicant and there is no independent witness of the recovery so made by the Investigating Officer. He further submits that applicant has been enlarged on bail in two criminal cases from the trial court and in other 19 case he has been enlarged on bail which has been duly explained in para 25 of the affidavit filed in support of the bail application. He further submits that

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BAIL No. 33258 of 2025

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trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Applicant is languishing in jail since 28.06.2025.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. He further contended that applicant is habitual offender of committing theft and in case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed.

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Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5- 6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-

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

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(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 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.

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BAIL No. 33258 of 2025

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(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 I.P.C./269 B.N.S.

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(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./84 B.N.S.S. 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 I.P.C./209. B.N.S.

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(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./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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