Pushkar Madhesiya Vs State of U.P.

This bail application has been moved on behalf of accused-applicant Pushkar Madhesiya seeking enlargement on bail in Case Crime No.107 of 2025, under Sections 326(G), 61(2) B.N.S., Police Station Kuberesthan, District Kushinagar.

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Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case due to business rivalry. Applicant is languishing in jail since 3.5.2025. It is submitted that as per the FIR the incident has occurred on 30.4.2025 at about 2.00 AM in the night and the name of applicant has surfaced on the basis of CCTV footage. It is further submitted that the applicant has no any shop etc situated near the shop of informant and applicant has no motive to set fire in shop of informant. It is argued that coaccused Pawan Chaurasiya has already been enlarged on bail by this Court vide order dated 27.6.2025 passed in Criminal Misc. Bail Application No.21267 of 2025. It is further argued that since charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. It is lastly submitted that accused applicant has no criminal antecedents. Submission is that the conclusion of trial will take sufficiently long and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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BAIL No. 35382 of 2025

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Learned AGA has vehemently opposed the prayer for grant of bail but could not dispute the aforesaid submission.

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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 the uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC) LawSuit 677 and 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 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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(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 IPC/269 BNS.

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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 of BNSS is issued and the applicant fails 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 IPC/209 of BNS.

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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 of 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

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BAIL No. 35382 of 2025

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as abuse of liberty of bail and proceed against him in accordance with law.

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