Allowed

Pushpendra v. State of U.P.

Allahabad HC17 Nov 2022BAIL/36551/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Pushpendra. The court relied on the parity argument as co-accused had been granted bail and issued relief permitting release with personal bond and two sureties subject to standard conditions.

What did the court decide?

Released on bail by executing personal bond and furnishing two sureties each with standard conditions against tampering and re-offending.

Pushpendra Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36551 of 2022

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Applicant :- Pushpendra Opposite Party :- State of U.P. Counsel for Applicant :- Vindeshwari Prasad,Arvind Kumar Sahu,Mayank Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard Sri Vindeshwari Prasad, learned counsel for the applicant and Sri Sunil Kumar Tripathi, learned AGA for the State.

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This is an application for bail on behalf of the applicant Pushpendra in connection with Case Crime No. 137 of 2022, under Sections 147, 148, 332, 353, 323, 341, 427, 435, 511 IPC, under Section 7 Criminal Law Amendment Act, 1932 and Section 3/4 of Prevention of Damage to Public Property Act, 1984, Police Station Bisauli, District Budaun.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is also submitted that the applicant is neither named in the FIR nor he was arrested on the spot. He has no criminal history to his credit. No recovery of any incriminating articles was made out from the possession of the applicant. It is further submitted that co-accused, Anuj, Pappu, Sonu @ Chamanni, Bahoran and Manmohan identically circumstanced as the applicant have been enlarged on bail by a co-ordinate Bench of this Court vide orders dated 08.08.2022, 26.09.2022, 19.09.2022 and 28.09.2022 passed in Criminal Misc. Bail Application No. 30417 of 2022, 39007 of 2022, 41791 of 2022, 41305 of 2022 entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 13.05.2022 and in case the applicant is released on bail, he will not misuse the liberty of bail.

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Learned counsel appearing on behalf of the State has opposed the prayer for bail but he could not dispute the factual submissions as urged by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that co-accused Anuj, Pappu, Sonu @ Chamanni, Bahoran and Manmohan have been granted bail, but without

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expressing any opinion on the merit of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed.

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Let the applicant Pushpendra involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.

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Order Date :- 17.11.2022 Pratima

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Digitally signed by PRATIMA AGRAHARI Date: 2022.11.17 17:13:30 IST Reason: Location: High Court of Judicature at Allahabad

Pushpendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pushpendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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