Shyam Kumar Kushwaha Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:116459

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5677 of 2025

Applicant :- Shyam Kumar Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rameshwar Singh Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No. 213 of 2020, under Sections 376, 384, 328, 506 I.P.C., Section 66-E, 67-A of I.T. Act, Police Station Atmaddaula, District Agra with the prayer that in the event of arrest, applicant may be released on bail.

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learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the abovementioned case, whereas there is no credible evidence against him.. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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Learned A.G.A. has opposed the application for anticipatory bail. Learned A.G.A. has further drawn attention of this Court to the statement of victim recorded under Section 164 Cr.P.C. and

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argued that the victim has levelled specific allegation against the applicant. Learned A.G.A. next argued that credible evidence has been collected during the investigation, which has culminated in submission of charge sheet.

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The victim in her statement has levelled specific allegation against the applicant and that the Investigating Officer after collecting credible evidence has filed the charge sheet against the applicant. In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out.

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The anticipatory bail application is rejected.

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Order Date :- 18.7.2025

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Shyam Kumar Kushwaha v. State of U.P. and Another

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Shyam Kumar Kushwaha v. State of U.P. and Another

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