Neeraj Kushwaha 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.228 of 2025, under Sections 191(2), 191(3), 109(1), 115(2), 352, 61(2), 103(1) B.N.S. of Police Station Kheda Garh, District-Agra, during the pendency of the trial.

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Contention of learned counsel for the applicant is that the applicant was not named in the FIR, wherein allegation has been made against co-accused Mohit, Piyush and Aashu along with three other unknown persons for mercilessly beating the son of the first informant Deepak, who was subsequently succumbed to injuries. He further submitted that even in the dying declaration, the deceased did not make any allegation against the applicant and specific allegation was made against co-accused Mohit, Piyush and Aashu. The applicant has been falsely implicated merely because one of the co-accused Saurabh Rajpoot is friend of the applicant though there is no incriminating material against him. There is no recovery of any weapon on pointing out of the applicant and case of the applicant is distinguishable from the co-accused Mohit, Piyush and Aashu. It is further submitted that co-accused Rohit Sharma, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.15007 of 2026 vide order dated 05.05.2026. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is lastly submitted that charge sheet has been filed

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BAIL No. 15241 of 2026

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by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 01.02.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Neeraj Kushwaha, involved in the aforementioned crime be released on bail, on his 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 applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the

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BAIL No. 15241 of 2026

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bond executed by him.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.

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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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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.

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May 6, 2026 S.C.

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(Arun Kumar Singh Deshwal,J.)

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Neeraj Kushwaha v. State of U.P.

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Neeraj Kushwaha v. State of U.P.

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