Allowed¶19

Devendra Kushwaha v. State of U.P.

Allahabad HC21 Jan 2026CRLA/1847/2025

Case brief

AI extract

What is this about?

Suspension of sentence; bail during pendency of appeal; Section 430(1) BNSS; Section 304/34 IPC; ten years rigorous imprisonment; fine Rs. 50,000; CRLA No. 1847 of 2025; Case Crime No. 253 of 2010; P.S. Kotwali, District Jhansi; S.S.T. No. 42 of 2010; State Vs. Narendra Kushawaha; Devendra Kushwaha; personal bond with two sureties; Allahabad High Court; Raj Beer Singh, J.; order dated January 21, 2026.

What did the court decide?

Suspension of sentence and release of the appellant Devendra Kushwaha on bail during pendency of Criminal Appeal No. 1847 of 2025, on furnishing a personal bond with two sureties (one a family member) in the like amount to the satisfaction of the court concerned; the memo of appeal is to be listed in due course before the appropriate Bench. ¶19

Devendra Kushwaha vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, convicted under Section 304/34 I.P.C. and sentenced to ten years' rigorous imprisonment, is entitled to suspension of sentence and grant of bail during pendency of the appeal.

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Court's answer

Considering the submissions of learned counsel for the parties, the nature of evidence, the role of the appellant and all attending facts and circumstances, and without expressing any opinion on the merits, a case for suspension of sentence / grant of bail is made out; the application is allowed.

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Ratio / Principle

The appellant Devendra Kushwaha is to be released on bail on furnishing a personal bond with two sureties (one of them a family member) in the like amount to the satisfaction of the court concerned; on acceptance of the bail bonds and personal bond, the court concerned shall transmit photostat copies thereof to this Court for the record.

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Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.) allowed the appellant's application under Section 430(1) BNSS for suspension of sentence and bail during pendency of Criminal Appeal No. 1847 of 2025. The appellant stood convicted by the trial court under Section 304/ 34 I.P.C. in S.S.T. No. 42 of 2010 (State Vs. Narendra Kushawaha and others), arising out of Case Crime No. 253 of 2010, Police Station Kotwali, District Jhansi, and sentenced to ten years' rigorous imprisonment with fine of Rs. 50,000/-; per counsel's submission he was in custody since 11.02.2025. Without expressing any opinion on the merits, the Court found a case for suspension of sentence / grant of bail and directed release on a personal bond with two sureties (one a family member) in the like amount, to the satisfaction of the court concerned. The appeal was directed to be listed in due course before the appropriate Bench. Counsel's contentions (that the knife injuries were attributed to Narendra Kushwaha, who died in 2024, that the appellant and co-accused were assigned only the role of catching hold unsupported by medical evidence, and delay in FIR and medical examination) were recorded as submissions only, not as findings.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 1847 of 2025

Devendra Kushwaha

.....Appellant(s)

Versus

State of U.P.

.....Respondent(s)

Counsel for Appellant(s) : Ruchita Jain Counsel for Respondent(s) : G.A.

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Court No. - 91

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HON'BLE RAJ BEER SINGH, J.

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Order on Criminal Misc. Application under Section 430(1) BNSS:-

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Heard learned counsel for the appellant and learned A.G.A. for the State.

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This application has been filed on behalf of the appellant for suspension of sentence and grant of bail during pendency of this appeal.

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The appellant has been convicted by the trial court under Section 304/ 34 I.P.C. and sentenced to ten years rigorous imprisonment along with fine of Rs.50,000/-.

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Learned counsel for the appellant submitted that the trial court has failed to appreciate evidence in accordance with law. As per prosecution version, the role of causing knife injuries to deceased has been assigned to Narendra Kushwaha, who has later on died in the year 2024. The appellant and coaccused were assigned only role of catching hold. Learned counsel has referred injury report of deceased, wherein one stab wound has been shown at the abdomen of deceased and except that injury two minor abrasions were shown. The injury of stab wound has been attributed to said Narendra Kushawaha. The prosecution version that appellant and co-accused have also assaulted the deceased is not supported by medical evidence. There is delay in registration of the first information report as well as in medical examination of deceased. The appellant has no motive at all to cause any injury to the deceased. During trial the appellant was on bail and after conviction he is in jail since 11.02.2025. Lastly, it was submitted that due to huge pendency of cases there is no possibility of early hearing in appeal and thus in view of aforesaid facts the appellant may be granted bail during pendency of appeal.

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CRLA No. 1847 of 2025

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Learned A.G.A. has opposed the application and submitted that appellant is named in the first information report and that conviction of appellant is based on evidence and no case for suspension of sentence/ bail is made out.

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Considering the submissions of learned counsel for the parties, nature of evidence, role of appellant and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for suspension of sentence / grant of bail is made out. Hence, the application for suspension of sentence / bail is hereby allowed .

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Let the appellant Devendra Kushwaha convicted and sentenced in S.S.T. No. 42 of 2010 (State Vs. Narendra Kushawaha and others), arising out of Case Crime No.253 of 2010, under Section 304/ 34 I.P.C., Police Station - Kotwali, District Jhansi, be released on bail on his furnishing a personal bond with two sureties (one should be of his family member) in the like amount to the satisfaction of the court concerned.

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On acceptance of bail bonds and personal bond, the court concerned shall transmit photostat copies thereof to this Court for being kept on the record.

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Order on memo of appeal:-

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List in due course before appropriate Bench.

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January 21, 2026 'SP'/- (Raj Beer Singh,J.)

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Devendra Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Devendra Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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