Bhola Kushwah and Another vs State of U.P.

Neutral Citation No. - 2025:AHC:31027

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7535 of 2025

Applicant :- Bhola Kushwah And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jai Raj Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Jai Raj, learned counsel for the applicants and Sri Imran Khan, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.691 of 2024, under Sections 8, 21, 22, 25, 27A, 29, 60 NDPS Act and Sections 319(2), 318(4), 338, 336(3), 340(2), 111, 276, 277 BNS, Police Station Sikandra, District Agra, during pendency of the trial.

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Learned counsel for the applicants submits that on the basis of false allegation, applicants have been made accused in the present matter alongwith thirteen others and admittedly, they were workers in the factory where drugs were alleged to have been recovered.

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He further submits that co-accused Narendra Sharma and Vijay Goyal were the proprietors of the factory and if in the factory drugs were found then being workers applicants cannot be held liable.

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He further submits that after considering the entire facts of the case in detail, co-accused Lokendra Kushwah, Jitendra Kushwah and Shivkumar Kushwah have been released on bail by this Court vide orders dated 13.02.2025 and 28.2.2025 passed in Criminal Misc. Bail Application Nos.46672 of 2024, 697 of 2025 and 689 of 2025 respectively and on facts case of applicants is at par with them as they were also the employees in the factory.

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He further submits that applicants are having no criminal history

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to their credit and they are in jail in the present matter since 22.10.2024.

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Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicants.

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I have heard learned counsel for both the parties and perused the record of the case.

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Considering the argument advanced by learned counsel for the applicants and the fact that similarly placed co-accused Lokendra Kushwah, Jitendra Kushwah and Shivkumar Kushwah have already been released on bail by this Court vide orders dated 13.02.2025 and 28.2.2025 respectively and applicants are having no criminal history to their credit and they are in jail in the present matter since 22.10.2024, in my view, applicants are entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicants- Bhola Kushwah and Ravikant Kushwah be released on bail in the aforesaid case on 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted.

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(ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the

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prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 5.3.2025 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Bhola Kushwah and Another v. State of U.P.

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