Allowed

Pushpendra Alias Pussu Ahirwar v. State of U.P.

Allahabad HC20 Feb 2019BAIL/6878/2019

Case brief

AI extract

What is this about?

In this bail application, the High Court considered the complicity of the accused, severity of punishment, and bail granted to co-accused. The court found it a fit case to release the applicant on bail under Sections 302, 392, and 412 IPC subject to strict conditions regarding attendance and non-interference with evidence.

What did the court decide?

Released on bail in S.S.T. No. 26 of 2018, Crime No. 248 of 2018 by furnishing personal bond and two sureties each in like amount.

Pushpendra Alias Pussu Ahirwar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6878 of 2019

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Applicant :- Pushpendra Alias Pussu Ahirwar Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Dev Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard learned counsel for applicant, learned A.G.A. and perused record.

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Learned counsel for applicant contends that applicant is not named in F.I.R. and has been falsely implicated on the basis of recovery of mobile phone which is alleged to be that of deceased and has been falsely planted; that as per averments made in F.I.R. deceased had gone to distribute cards in evening of 11.6.2018 and did not return and next morning he got information that behind Kanshiram Colony in Chak Dam one person has been murdered by crushing with stones; that inquest report of deceased was prepared at instance of first informant between 10:49 a.m. to 11:50 a.m. on 12.6.2018 and in postmortem report dated 12.6.2018 cause of death was found to be ante-mortem injuries which are head injuries with fractures of bones; that arrest of applicant with two others is alleged to have been made on 14.6.2018 with recording of his confessional statement in police custody which is not admissible in evidence; that co-accused Lakhan Lal and Ganesh Kushwaha with identical role have been granted bail by this Court vide orders dated 20.12.2018 & 2.1.2019 passed in Criminal Misc. Bail Application Nos.48632 of 2018 and 48371 of 2018 respectively, copies produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 14.6.2018.

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Learned A.G.A. opposed prayer of bail.

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Upon hearing learned counsel for parties, perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.

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Let the applicant Pushpendra Alias Pussu Ahirwar be released on bail in S.S.T. No.26 of 2018, Case Crime No.248 of 2018, under Sections 302, 392, 412 I.P.C., P.S. Talbehat, District Lalitpur, on furnishing a personal bond and two sureties each in

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like amount to satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing liberty of bail enabling court concerned to take necessary action in accordance with provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with prosecution evidence and will not delay disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of conditions mentioned above, court concerned will be at liberty to cancel bail and send applicant to prison.

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Order Date :- 20.2.2019 Kpy

Pushpendra Alias Pussu Ahirwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pushpendra Alias Pussu Ahirwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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