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Allahabad High Court

SUSHIL MAURYAversusSTATE OF U.P.

Decided

Holding

The bail application was allowed, and the accused was released on bail subject to a personal bond and two sureties.

Summary

The accused, Sushil Maurya, was arrested in Crime No. 03 of 2025 under IPC sections 419, 420, 467, 168, 471 and 406 for allegedly taking money to secure a government job for the informant's son, a job that was never provided and the money was not returned. He has three other criminal cases, one of which he is already on bail while the other two are pending in jail, and has been in custody since 19 March 2025. The State opposed his bail but did not dispute the factual allegations. The High Court, after considering the submissions and the seriousness of the allegations, chose not to examine the merits and granted bail on the condition of a personal bond and two sureties, relying on recent Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail. The court directed the accused to cooperate with the judicial process for a speedy disposal of the case.

Issues considered

  • Whether bail should be granted to an accused charged with offences under sections 419, 420, 467, 168, 471 and 406 of the IPC involving alleged corruption and fraud.
  • Whether the accused's prior criminal history and the nature of the allegations preclude the grant of bail.
  • Whether the Supreme Court precedents in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail are applicable to this bail application.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • corruption
  • fraud
  • criminal procedure
  • Supreme Court precedent
  • personal bond
  • sureties
  • judicial discretion

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 28786 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, Shashi
                                Kant Singh

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. 03 of 2025,
under Sections 419, 420, 467, 168, 471, 406 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 the huge money has been transferred
for getting a job. Neither the job was assured nor the money was returned.
Further contended that the substantial amount has been transferred to the
informant and remaining Rs.1,48,000/- is to be paid as agreed by the
learned counsel for the informant. 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
                                                                                            BAIL No. 28786 of 2025
                                                                    2


                                    applicant, but could not dispute the aforesaid facts.

                                    5. This Court has taken into consideration the rival submissions made by
                                    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


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