Allahabad High Court
SUSHIL MAURYAversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed and the accused is released on personal bond and sureties.
Summary
The accused Sushil Maurya applied for bail in a criminal case (Crime No. 170 of 2024) involving offences under Sections 467, 468, 471, 420, 406, 506 and 120‑B of the Indian Penal Code, alleging that he took money to secure a government job for the informant's son. He has three other criminal cases, is presently in jail since 19‑03‑2025, and seeks release pending trial. The State opposed bail but did not dispute the factual allegations. The High Court, after hearing counsel for both sides, allowed the bail application without addressing the merits, relying on Supreme Court guidelines in Girish Gandhi v. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for Grant of Bail in Re (2024) 10 SCC 685. The court ordered the applicant to be released on personal bond and two sureties, and directed cooperation with the judicial process for speedy disposal.
Issues considered
- Whether bail should be granted in a case involving serious IPC offences such as forgery, cheating, criminal breach of trust and criminal conspiracy, considering the applicant's prior criminal history.
- Whether the Supreme Court's recent bail guidelines in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in Re are applicable to this case.
Legislation cited
- Indian Penal Code — s. 120-B, 406, 420, 467, 468, 471, 506
Subjects
- bail
- Indian Penal Code
- forgery
- cheating
- criminal breach of trust
- criminal conspiracy
- prior criminal history
- Supreme Court bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27444 of 2025
Sushil Maurya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Awadhesh Kumar Nirbhay, Gyan
Singh, Pramod Kumar Maurya, Ram
Soorat, Sukhvir Singh
Counsel for Opposite Party(s) : G.A., Mohit Kumar Tiwari, Prem
Narain
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Sukhvir Singh, learned counsel for the accused-applicant, Sri
Mohit Kumar Tiwari, learned counsel for the informant and learned
A.G.A. for the State.
2. The present bail application has been moved by the accused-applicant
Sushil Maurya to enlarge him on bail in Case Crime No. 170 of 2024,
under Sections 467, 468, 471, 420, 406, 506, 120-B IPC, P.S.-
Maharajganj, District- Jaunpur, during the pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the
accused-applicant has been implicated in the F.I.R. by the informant with
the allegation that he has taken money for providing a job to the son of
informant. Further contended that huge money has been transferred for
getting a job. Neither the job was assured nor the money was returned.
Further contended that the applicant has three cases criminal history, in
which, in one case, he is on bail and in two cases, he is in jail. The charge
sheet is submitted. The trial is still at the nascent stage. The applicant is in
jail since 19.03.2025 and hence, the applicant seeks to be released on bail.
4. Learned A.G.A. for State has opposed the prayer for bail of the
applicant, but could not dispute the aforesaid facts.
5. This Court has taken into consideration the rival submissions made by
BAIL No. 27444 of 2025
2
learned counsel for the parties and perused the record.
6. Considered the allegation of getting government job for money.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 29, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
Checking your session…