Dismissed

Abhay Kushwaha @ Pushpendra v. State of U.P.

Allahabad HC7 Feb 2023BAIL/34442/2021

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 302 and 201 IPC, the High Court, Allahabad, considered the applicant's claim of false implication and lack of recovery against the background of a murder investigation where the deceased was last seen with the applicant. The court held that no case for bail was made out.

What did the court decide?

The prayer for bail was declined and the petition was rejected.

Abhay Kushwaha @ Pushpendra Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34442 of 2021

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Applicant :- Abhay Kushwaha @ Pushpendra Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Saroj Yadav,J.

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This application has been filed with a prayer to release the accused applicant on bail in Case Crime No. 1545 of 2020, under Sections 302, 201 IPC, Police Station Kalyanpur, District Kanpur Nagar.

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Heard Sri Sumit Kumar Srivastava, learned counsel for the accused applicant and Sri D.P.S. Chauhan, learned Additional Government Advocate appearing on behalf of the State respondent.

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Learned counsel for the accused applicant has submitted that the F.I.R. has been lodged against the unknown persons and the accused applicant has falsely been implicated in the present case with ulterior motive on the basis of the statement made by the sister of the deceased, who has stated that she saw the deceased going with the accused applicant and another. This fact has not been written in the FIR whereas the witness namely Ritu Yadav (sister of the deceased) has stated that she had told this fact to her father. He further submitted that there is no recovery from the accused applicant and he is languishing in jail since 16.12.2020, so the accused applicant should be enlarged on bail.

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Contrary to it, learned A.G.A. appearing on behalf of the State respondent opposed the bail application of the accused applicant and submitted that the deceased was last seen in the company of the accused applicant by the sister of the deceased. He further submitted that in the post-mortem report the cause of death has been shown asphyxia as a result of ante mortem throttling. He further submitted that

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though there is no recovery from the accused applicant but there is evidence on record that telephone call was made to the deceased for payment of money as has been stated by the witnesses. He further submitted that the accused applicant killed the deceased for the money dispute, therefore, he should not be enlarged on bail.

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Considered the rival submissions and perused the record.

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It transpires from the record that though the accused applicant is not named in the F.I.R. but when the statement of the witnesses was recorded, sister of the deceased has stated that the deceased was last seen in the company of the accused applicant. In the post-mortem report the cause of death has been shown asphyxia as a result of ante mortem throttling. Smt. Roma Yadav, the mother of the deceased, has stated that her son (deceased) called her and told that accused applicant and other accused asked him (deceased) to give money, abused him and threatened to kill him.

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Considering all the facts and circumstances of the case and having regard to the nature and gravity of the offence, no case for bail is made out.

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The prayer for bail is declined and the bail application is rejected.

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(Mrs. Saroj Yadav, J.)

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Order Date :- 7.2.2023 Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad

Abhay Kushwaha @ Pushpendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhay Kushwaha @ 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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