High Court

Heard Ms. Smriti, learned counsel for the applicant and Sri Ranvijay Singh, learned AGA for the State. The present applicant is in jail since 13.12.2023, in case crime no. 263 of 2023, under Sections 34, 120-B and 302 of IPC at Police Station Sawayajpur District Hardoi. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Notably, there are total four connected bail applications in same crime case and Ms Smriti has pressed this bail application on the ground that the wife of the present applicant is having cyst in her ovary. Two ultrasound reports dated 27.11.2023 and 06.02.2024 have been shown to the Court. The wife of the applicant, namely, Ms Anshika is present in the Court along with both the aforesaid reports. She has informed the Court that she has been advised for surgery at the earliest, but since her husband and other family members are in jail and she is not having funds, so the surgery could not take place till today and on account of the aforesaid ailment, she has been suffering a lot. Wife of the applicant has further stated that if she’s not undergone surgery at the earliest, her life will be in danger. Learned counsel for the applicant has also drawn attention of this Court towards the impugned FIR, which was lodged on 10.12.2023 for the alleged incident dated 08.10.2023 without explaining the inordinate delay of two months. In the impugned FIR, general allegations have been levelled against three accuse persons, including the present applicant. As per prosecution story, the present applicant along with other co- accused persons have killed his own mother-in-law, brutally. Similar allegation was levelled against the Mausi of the present applicant, Ramshree @ Chhutkunna who has been granted bail by the Court in Criminal Misc. Bail Application No. 445 of 2025. Learned counsel for the applicant has further informed that on the basis of statement of witnesses, the story emerged that when the other co-accused persons Bablu @ Surendra and Rajiv were killing the deceased, the present applicant was standing there on his bike and was accelerating the bike so that the noise of the victim could not be heard to other persons. As per allegation, he had assisted the main accused person to kill his own mother-in- law as she was not happy with the marriage of the present applicant with Anshika. Learned counsel for the applicant has further submitted that there is no progress of the trial inasmuch as no prosecution witnesses have been examined till date. At last learned counsel has stated that she is pressing this bail application on humanitarian ground that if the present applicant is released on bail, he will make necessary arrangement to get her wife operated at the earliest. Learned AGA has opposed the bail application by submitting that this is a case of brutal murder of an old aged lady, where the present applicant has actively participated. However, on the ground of ailment/illness of the wife of the present applicant, he has nothing to say, but any appropriate direction may be issued, directing the prosecution. On that learned counsel for the applicant has stated that if the applicant is released on bail, he shall not misuse the liberty of bail and shall participate in the trial proceedings. Having heard the learned counsel for the parties and having the material on record as well as the medical papers which has been shown to the Court, I find it appropriate that the present applicant maybe enlarged on bail so that he could take necessary steps and could arrange the operation of his wife. As a matter of fact, this bail application has been considered only on the sympathetic consideration, keeping in view the health condition of the wife of the present applicant and also keeping in view that other family members are in jail and the wife of the applicant is not able to get herself admitted in the hospital for operation of her ailment. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 13.12.2023; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Hari Singh @ Saurabh Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the 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. (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. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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. (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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. It is made clear that the aforesaid bail application has been considered and disposed of only on the sympathetic consideration as indicated as above, therefore, other co-accused may not seek parity with him. Order Date :- 20.2.2025 Anurag

Heard Ms. Smriti, learned counsel for the applicant and Sri Ranvijay Singh, learned AGA for the State. The present applicant is in jail since 13.12.2023, in case crime no. 263 of 2023, under Sections 34, 120-B and 302 of IPC at Police Station Sawayajpur District Hardoi. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Notably, there are total four connected bail applications in same crime case and Ms Smriti has pressed this bail application on the ground that the wife of the present applicant is having cyst in her ovary. Two ultrasound reports dated 27.11.2023 and 06.02.2024 have been shown to the Court. The wife of the applicant, namely, Ms Anshika is present in the Court along with both the aforesaid reports. She has informed the Court that she has been advised for surgery at the earliest, but since her husband and other family members are in jail and she is not having funds, so the surgery could not take place till today and on account of the aforesaid ailment, she has been suffering a lot. Wife of the applicant has further stated that if she’s not undergone surgery at the earliest, her life will be in danger. Learned counsel for the applicant has also drawn attention of this Court towards the impugned FIR, which was lodged on 10.12.2023 for the alleged incident dated 08.10.2023 without explaining the inordinate delay of two months. In the impugned FIR, general allegations have been levelled against three accuse persons, including the present applicant. As per prosecution story, the present applicant along with other co- accused persons have killed his own mother-in-law, brutally. Similar allegation was levelled against the Mausi of the present applicant, Ramshree @ Chhutkunna who has been granted bail by the Court in Criminal Misc. Bail Application No. 445 of 2025. Learned counsel for the applicant has further informed that on the basis of statement of witnesses, the story emerged that when the other co-accused persons Bablu @ Surendra and Rajiv were killing the deceased, the present applicant was standing there on his bike and was accelerating the bike so that the noise of the victim could not be heard to other persons. As per allegation, he had assisted the main accused person to kill his own mother-in- law as she was not happy with the marriage of the present applicant with Anshika. Learned counsel for the applicant has further submitted that there is no progress of the trial inasmuch as no prosecution witnesses have been examined till date. At last learned counsel has stated that she is pressing this bail application on humanitarian ground that if the present applicant is released on bail, he will make necessary arrangement to get her wife operated at the earliest. Learned AGA has opposed the bail application by submitting that this is a case of brutal murder of an old aged lady, where the present applicant has actively participated. However, on the ground of ailment/illness of the wife of the present applicant, he has nothing to say, but any appropriate direction may be issued, directing the prosecution. On that learned counsel for the applicant has stated that if the applicant is released on bail, he shall not misuse the liberty of bail and shall participate in the trial proceedings. Having heard the learned counsel for the parties and having the material on record as well as the medical papers which has been shown to the Court, I find it appropriate that the present applicant maybe enlarged on bail so that he could take necessary steps and could arrange the operation of his wife. As a matter of fact, this bail application has been considered only on the sympathetic consideration, keeping in view the health condition of the wife of the present applicant and also keeping in view that other family members are in jail and the wife of the applicant is not able to get herself admitted in the hospital for operation of her ailment. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 13.12.2023; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Hari Singh @ Saurabh Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the 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. (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. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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. (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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. It is made clear that the aforesaid bail application has been considered and disposed of only on the sympathetic consideration as indicated as above, therefore, other co-accused may not seek parity with him. Order Date :- 20.2.2025 Anurag