Vijay Kumar Ahirwar vs State of U.P.

Heard Sri Gaurav Kakkar, learned Senior Advocate, assisted by Sri Raghvendra Prakash, learned counsel for the appellant and learned A.G.A. for the State.

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This application has been filed on behalf of the appellant for suspension of sentence and grant of bail during pendency of this appeal.

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The appellant has been convicted by the trial court under Section 304/ 34 I.P.C. and sentenced to ten years rigorous imprisonment along with fine of Rs.50,000/-.

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Learned Senior Advocate submitted that the trial court has failed to appreciate evidence in accordance with law. As per prosecution version, the role of causing knife injuries to deceased has been assigned to Narendra Kushwaha, who has later on died in the year 2024. The appellant and coaccused were assigned only role of catching hold. Learned Senior Advocate has referred injury report of deceased, wherein one stab wound has been shown at the abdomen of deceased and except that injury two minor abrasions were shown. The injury of stab wound has been attributed to said Narendra Kushawaha. The prosecution version that appellant and co-accused have also assaulted the deceased is not supported by medical evidence. There is delay in registration of the first information report as well as in medical examination of deceased. The appellant has no motive at all to cause any injury to the deceased. The appellant has no criminal history and he has already undergone custody of about 16 months. Lastly, it was submitted that due to huge pendency of cases there is no possibility of early hearing in appeal and thus in view of aforesaid facts the appellant may be granted bail

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CRLA No. 2295 of 2025

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2

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during pendency of appeal.

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Learned A.G.A. has opposed the application and submitted that appellant is named in the first information report and that conviction of appellant is based on evidence and no case for suspension of sentence/ bail is made out.

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Considering the submissions of learned counsel for the parties, nature of evidence, role of appellant and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for suspension of sentence / grant of bail is made out. Hence, the application for suspension of sentence / bail is hereby allowed .

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Let the appellant Vijay Kumar Ahirwar convicted and sentenced in S.S.T. No. 42 of 2010 (State Vs. Narendra Kushawaha and others), arising out of Case Crime No.253 of 2010, under Section 304/ 34 I.P.C., Police Station - Kotwali, District Jhansi, be released on bail on his furnishing a personal bond with two sureties (one should be of his family member) in the like amount to the satisfaction of the court concerned.

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On acceptance of bail bonds and personal bond, the court concerned shall transmit photostat copies thereof to this Court for being kept on the record.

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Order on memo of appeal:-

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List in due course before appropriate Bench.

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January 21, 2026 'SP'/-

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(Raj Beer Singh,J.)

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Vijay Kumar Ahirwar v. State of U.P.

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Vijay Kumar Ahirwar v. State of U.P.

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