Court allowed bail application for applicant accused of culpable homicide not amounting to murder and causing hurt. Reliance placed on co-accused's bail and applicant's clean record, granting bail subject to standard conditions.
Applicant released on bail by furnishing a personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31999 of 2018
Applicant :- Pushpendra Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey
Counsel for Opposite Party :- G.A.,Onkar Nath
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Onkar Nath, learned counsel for the complainant and learned AGA for the State. Perused the record.
According to prosecution case, FIR was lodged on 10.5.2018 (after two months) against Prem Singh, Guddu and Pushpendra alleging that on 16.3.2018 they assaulted Veeri Singh(father of informant and brother of accused Prem Singh) by throwing stone. He received two head injuries and died resultantly.
It is submitted by learned counsel for the applicant that coaccused namely Prem Singh has already been granted bail by this Court vide order dated 28.11.2018 in Criminal Misc. Bail Application No. 44944 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is languishing in jail since 31.5.2018 (more than seven months) having no criminal history. General role has been assigned to the applicant. Incident happened on the spur of moment due to dispute between children of both the parties and whole family members of accused have been implicated in this case. There was no intention or knowledge to kill the deceased. Deceased died after one month of the incident. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence, considering the age and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Pushpendra involved in Case Crime No.296 of 2018, under Section 304, 323 IPC, Police Station Kotwali Dehat, District Etah be released on bail on furnishing a
personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.1.2019
A. Singh
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the lack of criminal history and the indistinguishable role from a co-accused already on bail.
1 provisions across 1 enactments
Pushpendra
Aniruddha Singh
A. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
