Allowed

Arun Kushwah v. State of U.P.

Allahabad HC28 Oct 2025BAIL/37152/2025

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 137(2) B.N.S., noting that the victim's statement contradicted the allegations against the applicant and there was no incriminating material. The applicant was released on personal bond and sureties with standard conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties with conditions against tampering with evidence and cooperating in trial.

Arun Kushwah Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 37152 of 2025

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Arun Kushwah

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.....Applicant(s)

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Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Sushil Kumar Dubey
Counsel for Opposite Party(s) : G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Supplementary affidavit, filed by learned counsel for the applicant, is taken on record.

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Heard Sri Sushil Kr. Dubey, learned counsel for the applicant, Sri Anand Pratap Singh, learned A.G.A. and perused the record.

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The instant application has been filed to enlarge the applicant on bail in case crime No. 518 of 2025, under Section 137(2) B.N.S., P.S. Sadar Bazar, District Agra.

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Contention of learned counsel for the applicant is that though in the F.I.R. the allegation has been made that the first informant has doubt over involvement of the applicant in enticing away his daughter, the victim in her statement recorded under Section 183 B.N.S.S. has clearly stated that she herself left her house and there is no allegation against the present applicant. The applicant is a law abiding citizen and he has been falsely implicated, though there is no incriminating material against him. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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It is also submitted by learned counsel for the applicant that applicant has no criminal history and he is languishing in jail since 4.9.2025.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.

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BAIL No. 37152 of 2025

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, this court is of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Arun Kushwah , involved in the aforementioned 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:-

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i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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The applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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BAIL No. 37152 of 2025

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The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023; гeported in (2024) 10 SCC 685.

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(Arun Kumar Singh Deshwal,J.)

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October 29, 2025 Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad

Arun Kushwah v. State of U.P.

Case brief

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Arun Kushwah v. State of U.P.

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