Allahabad High Court
SHYAMLAL BHUIYANversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that the applicant had made out a case for bail and therefore granted bail subject to conditions.
Summary
Shyamlal Bhuiyan applied for bail in a criminal case (Crime No. 554/2025) alleging child labour and trafficking, filed under Section 143(5) of the B.N.S. He claimed false implication, lack of detailed evidence on the deployment of children, and asserted no prior criminal record. The State opposed bail, arguing the manner of the alleged crime warranted continued detention. The court examined the absence of specific details regarding the children’s deployment, the applicant’s clean antecedent, and the seriousness of the offence. Without expressing an opinion on the merits, the court found that the applicant had made out a case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, seeking adjournments, and committing further crimes. The order emphasized that any breach of conditions would lead to cancellation of bail.
Issues considered
- Whether the accused is entitled to bail under Section 143(5) of the B.N.S. in a child labour and trafficking case
- Whether the lack of detailed information on the deployment of children affects the bail decision
Legislation cited
- B.N.S. — s. 143(5)
Subjects
- bail
- child labour
- trafficking
- Section 143(5) B.N.S.
- criminal procedure
- sureties
- conditions of bail
Judgment
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.
1. Counter affidavit filed today by learned AGA for the State is taken on
record.
2. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.
3. 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.
4. 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.
5. 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
6. 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.
7. 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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the Court concerned before the bonds are accepted.
10. 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
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