Allowed¶13

Piyush Awasthi v. State of U.P Thru. Prin. Secy. Home Govt. Lko.

Allahabad HC19 May 2025BAIL/7323/2024

Case brief

AI extract

What is this about?

Bail granted, murder (Section 302 IPC) with rioting (147 IPC) and conspiracy (120-B IPC); Case Crime No. 208 of 2024, PS Madiyaon, District Lucknow; FIR 05.04.2024; charge-sheet 25.06.2024; applicant aged 21, no criminal history, custody since 05.04.2024; parity with co-accused Aditya Yadav (Bail Application No. 5684 of 2024, bailed 19.05.2025); Judge Subhash Vidyarthi; Neutral Citation 2025:AHC-LKO:29540.

What did the court decide?

Release on bail in Case Crime No. 208 of 2024 upon furnishing a personal bond and two sureties each in the like amount, subject to: (i) not tampering with prosecution evidence; (ii) not pressurising prosecution witnesses; (iii) appearing on every date fixed by the trial Court unless exempted. ¶13

Piyush Awasthi vs State of U.P Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Piyush Awasthi should be enlarged (released) on bail in Case Crime No. 208 of 2024 (Sections 147, 302, 120-B I.P.C., PS Madiyaon, Lucknow).

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Court's answer

Considering that per the statement the accused persons were carrying sticks and wood planks and no weapon was used in the incident; that the applicant is aged 21 years with no criminal history; that he has been in jail since 05.04.2024; that co-accused Aditya Yadav has been granted bail; and that the investigation stands concluded, the aforesaid facts are sufficient for enlargement of the applicant on bail in the aforesaid case.

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Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions that he shall not tamper with prosecution evidence, shall not pressurise prosecution witnesses, and shall appear on each and every date fixed by the trial Court unless his appearance is exempted by it.

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Detailed headnote1 paragraphs

Bail granted - Criminal Misc. Bail Application No. 7323 of 2024 (Allahabad High Court, Lucknow Bench; Subhash Vidyarthi, J.; Order dated 19.5.2025; Neutral Citation 2025:AHC-LKO:29540): Piyush Awasthi (aged 21 years, no criminal history, in jail since 05.04.2024) enlarged on bail in Case Crime No. 208 of 2024 under Sections 147, 302, 120-B I.P.C., PS Madiyaon, Lucknow, arising from an F.I.R. of 05.04.2024 concerning the death of the informant's 19-year-old son after liquor consumption and an altercation on 04.04.2024; postmortem recorded seven injuries and death due to coma from antemortem head injury; charge-sheet submitted 25.06.2024 and investigation concluded. Grounds relied on by the Judge: accused were carrying sticks and wood planks and no weapon was used; applicant's age and clean record; custody since 05.04.2024; parity with co-accused Aditya Yadav granted bail on 19.05.2025 in Crl. Misc. Bail Application No. 5684 of 2024. Release ordered on personal bond and two sureties each in the like amount, subject to conditions of no tampering with evidence, no pressurising witnesses, and attendance on all trial dates.

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Neutral Citation No. - 2025:AHC-LKO:29540

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7323 of 2024

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Applicant :- Piyush Awasthi Opposite Party :- State Of U.P Thru. Prin. Secy. Home Govt. Lko. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.,Nand Kishore Patel

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Anil Kumar Tiwari, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A. for the State, Shri Nand Kishore Patel, the learned counsel for the informant and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.208 of 2024 under Sections 147, 302, 120-B I.P.C. registered at Police Station- Madiyaon, District- Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.04.2024 at about 07:54 hours against- (i) Vayu (ii) Satyam Sahni (iii) Avinash Tiwari (iv) Vishal Pandey (v) Piyush Awasthi (the applicant) and other unnamed persons, stating that Vayu had come to the informant's house at about 11:30 hours on 04.04.2024 and taken away her son aged 19 years to celebrate his birthday. When he did not come back till late hours, they started making enquiries and they came to know that her son was taken to Mama Colony, Faizullaganj where Avinash Tiwari, Vishal Pandey and Piyush Awasthi and some other persons consumed liquor and thereafter, they entered into an altercation in which the informant's son suffered serious injuries. Shivam Sahni and Anshul Mishra reached there and they took the informant's injured son to Trauma Centre, KGMU, Lucknow where he died during treatment. The informant stated that Satyam Sahni had also come with Vayu

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for calling her son.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The postmortem examination report mentions seven injuries suffered by the deceased and the cause of death has been opined to be coma as a result of antemortem head injury.

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A flat piece of wood has been recovered from an open plot of land on the pointing out of co-accused Avinash Tiwari. An eye witness Sujal Rawat stated that it was Vayu's birthday on the date of the incident, he has called Sujal, Avanish Sharma (the deceased) and Satyam Sahni. They consumed liquor at Kapoorthala at about 09:00 PM and thereafter went to the house of Satyam Sahni. They were sitting at an open piece of land after 12:30 in the night. Avinash Tiwari, Piyush Awasthi (the applicant), Vishal Pandey, Aditya Yadav, Aman Yadav and Anand Yadav came there and at the exhortation of Avinash Tiwari, all those persons attacked them with sticks and flat pieces of woods. Avanish fell down and the other persons ran away.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith the statements of some other witnesses which have not been annexed with the counter affidavit.

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In the statement of the eye-witness Sujal Rawat, he merely stated that while he was sitting with Vayu Singh, Avanish Sharma, Satyam Sahni in an open land near Apna Lawn, six persons, including the applicant, had come there and at the exhortation of Avanish Tiwari, all those persons started beating

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all the persons present there due to which Avanish fell down and all the other persons ran away and when they came back, Avanish was lying unconscious and Shivam Sahni took him to Trauma Centre. Avanish Sharma was friend of Vayu. Therefore, Avinash Tiwari kept grudge against him due to which Avinash Tiwari and his companions killed Avanish Sharma.

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Co-accused Aditya Yadav has been granted bail by means of an order dated 19.05.2025 passed by this Court in Crl. Misc. Bail Application No.5684 of 2024.

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Learned A.G.A. and the learned counsel for the informant have vehemently opposed the bail application. The learned A.G.A. has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 25.06.2024.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the statement, the accused persons were carrying sticks and wood planks and no weapon was used in the incident; that the applicant is aged 21 years having no criminal history, he is languishing in jail since 05.04.2024, a co-accused Aditya Yadav has been granted bail and the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case.

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Accordingly, this bail application stands allowed .

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Let the applicant- Piyush Awasthi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court, unless his/her appearance exempted by the trial Court.

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[Subhash Vidyarthi, J.]

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Order Date :- 19.5.2025 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Piyush Awasthi v. State of U.P Thru. Prin. Secy. Home Govt. Lko.

Case brief

What is this about?

What did the court decide?

Piyush Awasthi v. State of U.P Thru. Prin. Secy. Home Govt. Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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