Shyamlal Bhuiyan vs State of U.P. — Allahabad HC (2026) — LawSathi Research

Shyamlal Bhuiyan vs State of U.P. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Shyamlal Bhuiyan on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned, subject to conditions of not tampering with prosecution evidence or intimidating/pressurizing witnesses, cooperating in the trial sincerely without seeking adjournment, and not indulging in any criminal activity after release; breach of conditions to be a ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified by the court concerned before bonds are accepted.

Issue for consideration

Whether the accused-applicant Shyamlal Bhuiyan is entitled to be released on bail in Case Crime No. 554/2025, under Section 143(5) B.N.S., Police Station Mughalsarai, District Chandauli, during pendency of trial.

Court's answer

Considering the rival contentions, the fact that no detail of deployment of the children was disclosed, the applicant's custody since 6.11.2025 without criminal antecedents, the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of counsel, and without expressing any opinion on the merits, the court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

The accused-applicant Shyamlal Bhuiyan was directed to be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (ii) to cooperate in the trial sincerely without seeking adjournment; (iii) not to indulge in any criminal activity after release; breach of any condition to be a ground for cancellation of bail; and identity, status and residence proof of the applicant and sureties to be verified by the court concerned before the bonds are accepted.

Key takeaways

The observations made by the court are only for the purpose of disposal of the bail application and shall not be construed as an expression of the court on the merits of the case.obiter¶24

Detailed headnote1 paragraphs

Bail application (Criminal Misc. Bail Application No. 45556 of 2025, High Court of Judicature at Allahabad, Harvir Singh, J.) by accused-applicant Shyamlal Bhuiyan in Case Crime No. 554/2025, under Section 143(5) B.N.S., Police Station Mughalsarai, District Chandauli, alleging child labour and trafficking. Counsel for the applicant contended false implication, non-disclosure of details of deployment of the children, custody since 6.11.2025 without criminal antecedents, and no likelihood of fleeing or misusing bail liberty; learned AGA opposed. Held: considering the rival contentions, absence of disclosed details of deployment of the children, prolonged custody without criminal antecedents, nature of offence, evidence, complicity and severity of punishment, and without expressing any opinion on merits, the applicant made out a case for bail. Bail allowed on personal bond with two sureties in the like amount, subject to conditions (no tampering with evidence or intimidation of witnesses; sincere cooperation in trial without adjournments; no criminal activity after release), breach being a ground for cancellation, with verification of identity, status and residence proof of applicant and sureties before acceptance of bonds. Observations confined to disposal of the bail application and not an expression on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45556 of 2025

Shyamlal Bhuiyan

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s)	: Sudarshan Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 70

HON'BLE HARVIR SINGH, J.

Counter affidavit filed today by learned AGA for the State is taken on record.

Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record.

This bail application has been moved on behalf of the accused-applicant/ Shyamlal Bhuiyan, for grant of bail, in Case Crime No. 554/2025, under Section 143(5) B.N.S., Police Station Mughalsarai, District Chandauli, during pendency of trial.

Learned counsel for accused-applicant, while pressing the bail application, submits that, the accused-applicant has been falsely implicated in the instant case and has not committed any offence, as alleged by the prosecution. It is further submitted by learned counsel for the applicant that, allegations of child labour and trafficking have been alleged against the accused-applicant, however, the details of deployment of children, as to where they were likely to be engaged, have not been disclosed in detail. Learned counsel for the applicant further submits that, the accused-applicant is languishing in jail in this matter since 6.11.2025 without having any criminal antecedents and there is no likelihood that the accused-applicant, after release on bail, may flee from the process of law or will misuse the liberty of bail.

Learned A.G.A. opposes the prayer for bail of the applicant and submits that, having regard to the manner, in which the crime has been committed, the applicant is not entitled to be released on bail.

BAIL No. 45556 of 2025

2

Having considered the rival contentions of the parties and the facts that, no detail of deployment of children has been disclosed, as to whether where are they deployed after kidnapping; the accused-applicant is languishing in jail in this matter, since 6.11.2025, without having any criminal antecedents and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed .

Let the accused-applicant/ Shyamlal Bhuiyan , involved in aforesaid case, be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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

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

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

Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

April 2, 2026 Gurpreet Singh

(Harvir Singh,J.)

Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad