Sunil Kushwaha @ Sunil Maury vs State of U.P.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.543 of 2025, under Sections 74, 87, 143, 127(2), 115(2), 351(2) B.N.S. 2023, Police Station- Kotwali Dehat, District- Bulandshahr.

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The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has never abducted the victims nor subjected them to any sexual assault. The First Information Report was lodged against unknown persons. The victims were not recovered from the possession or on the pointing out of the applicant. The victims, in their statements recorded under Sections 180 and 183 BNSS, have made contradictory allegations. In the statement recorded under Section 183 BNSS, the victims claim that the applicant and the co-accused Sonu molested the victims. Similarly situated coaccused Sonu has been granted bail by this Court vide order dated 06.02.2026 passed in Criminal Misc. Bail Application No. 3304 of 2026 ( Sonu Vs. State of U.P. ) . The case of the applicant stands on a similar footing to that of the co-accused. The applicant is in jail since 15.11.2025.

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BAIL No. 13020 of 2026

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2

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The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail, however, he could not dispute the fact that the case of the applicant stands on a similar footing to that of the co-accused, who has been granted bail by this Court.

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I have considered the submissions made by the Learned counsels for the parties and perused the material brought on record.

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The victims of the present case are said to be real sisters. In the statements recorded under Sections 180 and 183 BNSS, there are certain inconsistencies. The age of the victims, as per their medical report, appears to be 15 and 20 years. They are said to have gone in the company of co-accused Manoj as per the statement of one victim and Karan as per the statement of the other victim. One of the victims, in her statement recorded under Section 183 BNSS, states that they had left the house in a fit of rage.

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Taking into account the entire facts and circumstances of the case and the fact that a similarly situated co-accused has been granted bail by this Court, I deem 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- Sunil Kushwaha @ Sunil Maury , 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

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BAIL No. 13020 of 2026

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3

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concerned.

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

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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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(Rajiv Lochan Shukla,J.)

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May 12, 2026

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Sachin

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad

Sunil Kushwaha @ Sunil Maury v. State of U.P.

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Sunil Kushwaha @ Sunil Maury v. State of U.P.

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