Allahabad High Court
GOVIND KUSHWAHAversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Govind Kushwaha, who was arrested on 19‑12‑2025 in connection with offences under Sections 3 to 7 of the Immoral Traffic (Prevention) Act and Section 99 of the BNS. The applicant claimed false implication, asserted no prior criminal record, and highlighted that a co‑accused had already been released on bail. The State opposed the bail, but the Court, after reviewing the record and noting the applicant’s clean history and the pendency of the trial, found the case fit for bail. Accordingly, the Court ordered his release on a personal bond of Rs. 50,000 with two sureties and imposed standard conditions to prevent witness tampering and ensure his presence at trial. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences under the Immoral Traffic (Prevention) Act and BNS.
- Whether the applicant’s lack of criminal history and the bail granted to a co‑accused justify release on bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 351, 483
- B.N.S.S. — s. 99
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6, 7
Subjects
- bail
- Immoral Traffic (Prevention) Act
- false implication
- criminal procedure
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10549 of 2026
Govind Kushwaha
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Ashwani Tiwari, Kali Shanker Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Kali Shanker Tiwari, learned counsel for the applicant, Sri B.P. Maurya,
learned AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 443 of 2025 under Sections 3,4,5,6 and 7 of Immoral Traffic
(Prevention) Act and 99 of BNS registered at Police Station New Agra, District Agra
during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 19.12.2025. It
is further submitted that co-accused Vishnu Kumar has already been granted bail by a
Co-ordinate Bench of this Court vide order dated 11.3.2026 passed in Criminal Misc.
Bail Application No. 4766 of 2026. It is further submitted that as per the FIR,
applicant was arrested from the reception counter of a spa centre in which it is alleged
that illegal sex trade was being carried out. It is also submitted that applicant has no
criminal history and he undertakes that he will not misuse the liberty, if granted. It has
also been pointed out that in the wake of heavy pendency of cases in the Court, there
is no likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant.
5. Co-accused Vishnu Kumar has already been granted bail by a Co-ordinate Bench of
this Court. As per the FIR, applicant was arrested from the reception counter of a spa
centre in which it is alleged that illegal sex trade was being carried out. Applicant has
no criminal history and he is languishing in jail since 19.12.2025.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
bail. Hence, the present bail application is ALLOWED.
BAIL No. 10549 of 2026
2
7. Let the applicant Govind Kushwaha involved in the aforesaid case crime be
released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties
each in the like amount to the satisfaction of the Court concerned with the following
conditions :-
(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.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
April 20, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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