Mohit Kumar Kushwaha vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 11680 of 2026

Mohit Kumar Kushwaha

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

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Court No. - 72

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HON'BLE RAJIV LOCHAN SHUKLA, 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 instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.258 of 2025, under Sections 109(1), 3(5), 117(2) BNS, Police Station Sen Paschim Para, District Kanpur Nagar.

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Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case along with the co-accused Chhottey. The first information report has been lodged with a delay. The incident is said to have taken place at 3:00 AM on 07.10.2025, whereas the first information report was lodged at 17:10 hours on 07.10.2025. The applicant has no criminal antecedents. The injured, although is said to have received thirteen injuries, which are mostly abrasions, however, no injury which may be called dangerous to life was sustained by the injured. Learned counsel has further contended that the applicant is in jail since 25.12.2025 and a charge sheet has already been submitted. There is no likelihood of the trial concluding in the near future.

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Learned AGA has opposed the prayer for bail and has contended that the applicant and the co-accused have been specifically named in the first information report. The injured has received numerous injuries, and his seventh and eighth ribs have been found to be fractured. Injury no.11 found on the person of the injured was grievous in nature. Learned AGA,

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BAIL No. 11680 of 2026

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however, could not dispute the contention of the learned counsel for the applicant that there are no criminal antecedents of the applicant.

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I have considered the submissions made by Learned counsels for the parties.

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The applicant and the co-accused, though, have been assigned the specific role in the statement of the injured of using a lathi (to the applicant Mohit Kumar Kushwaha) and axe (to the accused Chhotey), the injuries sustained by the injured have not been stated to be dangerous to life. The applicant has no criminal antecedents and is in jail since 25.12.2025. A charge sheet has been submitted and the applicant is no longer required for any custodial interrogation. The trial against the applicant is not likely to conclude in the near future.

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Taking into consideration the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it appropriate to enlarge the applicant on bail.

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The bail application is allowed .

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Let the accused-applicant, Mohit Kumar Kushwaha , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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(i) The applicant will not tamper with the evidence.

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(ii) The applicant will not indulge in any criminal activity.

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(iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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(iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail.

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BAIL No. 11680 of 2026

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It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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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The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case.

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(Rajiv Lochan Shukla,J.)

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May 12, 2026

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A. Pandey

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Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad

Mohit Kumar Kushwaha v. State of U.P.

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Mohit Kumar Kushwaha v. State of U.P.

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