Abhishek Kushwaha vs State of U.P.

Neutral Citation No. - 2025:AHC:49064

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7270 of 2025

Applicant :- Abhishek Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Mishra,Prem Shanker Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Chandra Bhushan Mishra and Sri Prem Shanker Mishra, learned counsels for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on records.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Abhishek Kushwaha seeking enlargement on bail during trial in connection with Case Crime No. 11 of 2021, under Sections 147, 148, 149, 364, 302, 120-B, 201 I.P.C., Police Station Kheri, District Prayagraj.

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The F.I.R. of the matter was lodged on 12.01.2021 by Gaya Prasad Soni against the applicant, Anand Kushwaha, Depesh Kumar Singh @ Deepu Singh, Ankur Kumar Singh, Rajesh Yadav and some unknown companions with the allegations that on 10.01.2021 at about 6:00 p.m. his son Shivam Soni aged about 21 years was kidnapped from the house with an intention to murder. Dilip Soni and Ankur Soni had seen them taking his son at about 6:11 p.m. and he has a believe that the accused persons after kidnapping him have murdered his son. He has lodged a missing report at police station Kheri on 10.01.2021. The report be lodged

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and action be taken. The said first information has been lodged under Sections 147, 364 I.P.C. Subsequently, the dead body of the deceased was recovered from the house of the applicant. The deceased received two contusions and a ligature mark as antemortem injuries on his body. The Hematoma was present under the scalp, the left lung was lacerated and the doctor opined the cause of death as asphyxia due to ante-mortem strangulation associated with coma.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the applicant is not involved in the present case. It is submitted that initially the applicant was taking up his case as being a juvenile but later on, a revision was filed by him being Criminal Revision No. 2660 of 2021 (Juvenile-X vs. State of U.P. and other) which was got dismissed as withdrawn vide order dated 02.01.2025 passed by this Court. It is further submitted that in the present case, the trial is exceptionally delayed inasmuch, the same has not yet been concluded and considering the same a Co-ordinate Bench of this Court vide order dated 27.05.2025 passed in a third bail application of co-accused Anand Kushwaha granted bail to him in Criminal Misc. Bail Application No. 13341 of 2024 (Anant Kushwaha vs. State of U.P.), a copy of the order has placed before this Court as annexure-25 to the affidavit. It is submitted that looking to the same, the applicant who is having criminal history of five cases, which have been disclosed and explained from paragraph 45 to 49, be enlarged on bail. The applicant is in jail since 13.01.2021.

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Per contra, learned counsel for the State opposed the prayer for bail vehemently and submitted that the applicant is named in the

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F.I.R. and has been assigned the role of taking away of the deceased from his house along with co-accused persons and then murdered him. It is further submitted that during investigation the dead body of the deceased was recovered from the house of the applicant. It is further submitted that there are two eye witnesses of the incident. It is submitted that the trial in the present matter is going which is at an advance stage and testimony of eight witnesses have been recorded. It is submitted that although coaccused Anant Kushwaha has been granted bail by a Co-ordinate Bench of this Court vide order dated 27.05.2025 and said order in paragraph no. 8 goes to read that the court should consider grant of enlarging the accused on bail for preparing his defence and gathering evidence to tender the same before the trial court concerned but there is nothing as such pleaded and argued to show that the applicant is not being defended adequately. It is further submitted that the trial is at an advance stage and looking to the nature and gravity of the incident and the evidence against the applicant, the bail application be rejected.

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After having heard the learned counsels for the parties and perusing the records, it is evident that the applicant is named in the first information report and has been assigned the role along with co-accused persons. The dead body of the deceased has been recovered from the house of the applicant. The trial in the matter is at an advanced stage. No ground for bail is made out.

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Accordingly, the present bail applicant is rejected .

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(Samit Gopal,J.)

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Order Date :- 5.4.2025 Manoj

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Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad

Abhishek Kushwaha v. State of U.P.

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Abhishek Kushwaha v. State of U.P.

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