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2025 DAILYLAW 58647 (ALL)

PUSHPENDRA v. STATE OF U.P.

BAIL/16739/2025 · 2025-05-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:94318 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16739 of 2025 Applicant :- Pushpendra Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Satish Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Pushpendra, seeking enlargement on bail in Case Crime No. 186 of 2024, under Sections 147,149, 323, 504, 506, 501, 365, 367, 327 IPC & Section 66E I.T. Act, Police Station Faizganj Behta, District Badaun. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 21.05.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the FIR was lodged on 10.05.2025 under Sections 323, 506 IPC, neither any date nor any time has been disclosed by the informant and due to malafide intention after lapse of 10 days delayed false and fabricated story has been narrated by the informant against the applicant while the applicant has not committed the offence as alleged in the FIR. Applicant has not viralled the video and no video clip has been recovered from the applicant's mobile. Neither the applicant was present at the place of incident nor he committed mar-peet. Nothing has been recovered from the possession of the applicant or his pointing out. No offence under the aforesaid sections is made out against the applicant and there is no credible evidence to connect the applicant to involve in the aforesaid case and the same is planted against the applicant. The alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 4. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Pushpendra, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 30.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad