Allowed

Pushpendra v. State of U.P.

Allahabad HC19 Apr 2023BAIL/58689/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application for Pushpendra in a criminal case involving unlawful assembly, assault, and death. The court found the applicant made out a case for bail despite serious charges.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two heavy local sureties, subject to specific conditions of appearance and conduct.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58689 of 2022

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Applicant :- Pushpendra Opposite Party :- State of U.P. Counsel for Applicant :- Puneet Kumar Shukla Counsel for Opposite Party :- G.A.,Ahmad Saeed,Mohammad Asif, Vinod Kumar Yadav

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Hon'ble Dr. Gautam Chowdhary,J.

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

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In the present case, allegation against applicant and co-accused are that they formed an unlawful assembly and assaulted the complainant side, resulting into death of one person and causing injuries to six persons. According to postmortem report, deceased suffered 8 injuries and immediate cause of death was shock and haemorrhage due to ante mortem injuries. The injured also suffered grievous injuries.

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Learned counsel for applicant submits that there are general allegations against applicant and co-accused persons. He further submits that three accused persons including the applicant have assaulted the injured with danda, who succumbed to injuries. No specific role has been assigned to applicant, recovery of danda was made after almost 13 days and it is not supported by any independent witnesses. He also argued that perusal of the post mortem report shows that there is no injury of danda on the vital part of the body. The alleged motive is not supported by any evidence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to

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the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 27.07.2022 having no criminal history.

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Learned A.G.A for State as well as learned counsel for the informant have opposed the prayer for bail and submits that applicant along with other persons were aggressor and assaulted as many as 7 persons from complainant side in which one was died and remaining 6 persons were injured, even an aged lady has suffered injury. There was a dispute in regard to a plot wherein the complainant side has got injunction against the applicant and others.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Pushpendra involved in Case Crime No.142 of 2022 under Sections 147, 148, 149, 324, 307, 302/34, 504, 506, 325, 308 I.P.C., Police Station Shahjadnagar, District Rampur, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the

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witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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IV. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 19.4.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI 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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