Pushpendra Singh @ Jaswant vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2891 of 2026

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Pushpendra Singh @ Jaswant

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.....Applicant(s)

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		Versus
State of U.P. and Another				.....Opposite Party(s)
Counsel for Applicant(s)	:	Deepankar Pandey	Shukla,	Mukesh Kumar
Counsel for Opposite Party(s)	:	G.A.
Court No.- 72

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HON'BLE RAJIV LOCHAN SHUKLA, J.

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1. Learned counsel for the applicant; and learned A.G.A. for the State are present.

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2. The present anticipatory bail application has been filed on behalf of the applicant in Sessions Trial No.02 of 2024 arising out of Case Crime No. 133 of 2023, under Sections 147, 148, 307/149, 323/149, 504, 452, 325/149, 302/149 of the I.P.C., Police Station – Shivali, District Kanpur Dehat, with a prayer to enlarge him on anticipatory bail, till the conclusion of the trial.

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3. The learned counsel for the applicant states that the applicant has been falsely implicated in the present case. He seeks anticipatory bail on the following grounds :-

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i. The applicant was named in the First Information Report (FIR); however, during the course of investigation, the applicant was exonerated.

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ii. The applicant has been summoned under Section 319 Cr.P.C. after the statements of PW-1, PW-2 and PW3 were recorded.

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iii. A criminal revision, being Criminal Revision No.7601 of 2025 (Chandrika Prasad & 2 Ors. vs. State of U.P. & Anr.), is pending consideration before this Court, wherein the order under Section 319 Cr.P.C. has been challenged, in which notices have been issued to the opposite party.

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NABAIL No. 2891 of 2026

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2

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iv. There exists a cross version of the incident in which the co-accused, Narendra, Sunder Lal and Surendra Kumar, sustained injuries.

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v. The role of causing head injury to the deceased using an axe (farsa) has been attributed to the co-accused, Mahendra Singh @ Muneem, in the statements recorded before the Court. He has also been granted bail by this Court vide order dated 09.01.2026 passed in Criminal Misc. Bail Application No.41231 of 2025.

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vi. The applicant has no criminal antecedents.

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4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail and submitted that the applicant has been named as an accused in the statements of the prosecution witnesses examined before the trial Court. The applicant has a criminal antecedent, being Case Crime No.0393 of 2022, under Sections 323, 504, 506 IPC, P.S. Shivali, District Kanpur Dehat. The said criminal history has not been explained and the same also indicates a propensity to repeat the offence.

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5. In view of the aforesaid, put up as fresh on 13th April, 2026 , to enable the learned counsel for the applicant to file a supplementary affidavit explaining the criminal antecedents.

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6. However, taking into account the fact that the applicant has been summoned to face trial under Section 319 Cr.P.C., and that the specific role of causing head injury to the deceased has been attributed to the coaccused, Mahendra Singh, who has already been granted bail by this Court and further considering that only a general role of assault has been assigned to the applicant, a case for grant of interim relief to the applicant is made out.

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7. Till 13th April, 2026 , In the event of the arrest of the applicant- Pushpendra Singh @ Jaswant, involved in the aforesaid case crime, he shall be released on interim anticipatory bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned, with the following conditions:-

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i. The applicant shall make himself available for interrogation by a police officer as and when required;

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NABAIL No. 2891 of 2026

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3

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ii. 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 him from disclosing such facts to the Court or to any police officer;

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iii. The applicant shall not leave India without the previous permission of the Court;

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iv. The applicant shall not pressurize/intimidate the prosecution witness;

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8. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the interim anticipatory bail of the applicant.

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(Rajiv Lochan Shukla,J.)

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March 25, 2026 Kushal

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Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad

Pushpendra Singh @ Jaswant v. State of U.P. and Another

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Pushpendra Singh @ Jaswant v. State of U.P. and Another

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