High Court

1. Heard Sri Shwetank Pandey, learned counsel for the applicant and Sri Nikhil Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Bhanu Pratap @ Gorelal Yadav) is languishing in jail since 20.09.2023 in Case Crime No.202 of 2023, under Sections 302 & 120-B IPC Police Station- Akhand Nagar, District-Sultanpur. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. Attention has been drawn towards the impugned FIR wherein no one has been named in FIR but only this much has been indicated that the accused persons were riding on the motorcycle. Learned counsel for the applicant has further submitted that there is no eye witness found in the present case as no one has seen the incident in question. More particularly, there is no incriminating material or evidence against the present applicant except the statement of some witnesses, who have stated that they have seen all accused persons who were riding on the motorcycle. Learned counsel for the applicant also drawn attention of this Court towards para- 16 of the counter affidavit wherein the reference of one country made pistol of . 315 bore and one live cartridge of .315 have been given saying that it belongs to the present applicant, however, in the recovery memo, the recovered cartridge is of .32 bore. Learned counsel for the applicant has also submitted that co-accused, namely, Kisendar Rajbhar, Prince Rajbhar and Gullu @ Vijay Bahadur Rajbhar have already been granted bail by this Court in Crl. Misc. Bail Application Nos. 320/2024, 12352/2023 & 14351/2023 vide orders dated 03.09.2024, 18.09.2024 & 25.09.2024, as the bail orders have been shown to the Court. Learned counsel for the applicant has further submitted that in one case bearing Case Crime No.135/2021, under Sections 302, 34 & 120-B IPC, the present applicant has been granted bail by this Court on 16.03.2022, therefore, learned counsel for the applicant has stated that on the basis of principles of pairity the applicant may be enlarged on bail.

4. Learned counsel for the applicant has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

5. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant.

6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no one has been named in FIR, there is no incriminating material or evidence against the present applicant except the statement of some witnesses, who have stated that they have seen all accused persons, who were riding on the motorcycle; para- 16 of the counter affidavit wherein the reference of one country made pistol of .315 bore and one live cartridge of .315 has been given saying that it belongs to the present applicant, however, in the recovery memo, the recovered cartridge is of . 32 bore, co-accused namely, Kisendar Rajbhar, Prince Rajbhar and Gullu @ Vijay Bahadur Rajbhar have already been granted bail by this Court in Crl. Misc. Bail Application Nos.320/2024, 12352/2023 & 14351/2023 vide orders dated 03.09.2024, 18.09.2024 & 25.09.2024, and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

7. Accordingly, the instant bail application is allowed.

8. Let the applicant (Bhanu Pratap @ Gorelal Yadav) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 is issued and the applicant fails 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 3.7.2025 Reena/- (Rajesh Singh Chauhan,J.)

1. Heard Sri Shwetank Pandey, learned counsel for the applicant and Sri Nikhil Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Bhanu Pratap @ Gorelal Yadav) is languishing in jail since 20.09.2023 in Case Crime No.202 of 2023, under Sections 302 & 120-B IPC Police Station- Akhand Nagar, District-Sultanpur. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

3. Attention has been drawn towards the impugned FIR wherein no one has been named in FIR but only this much has been indicated that the accused persons were riding on the motorcycle. Learned counsel for the applicant has further submitted that there is no eye witness found in the present case as no one has seen the incident in question. More particularly, there is no incriminating material or evidence against the present applicant except the statement of some witnesses, who have stated that they have seen all accused persons who were riding on the motorcycle. Learned counsel for the applicant also drawn attention of this Court towards para- 16 of the counter affidavit wherein the reference of one country made pistol of . 315 bore and one live cartridge of .315 have been given saying that it belongs to the present applicant, however, in the recovery memo, the recovered cartridge is of .32 bore. Learned counsel for the applicant has also submitted that co-accused, namely, Kisendar Rajbhar, Prince Rajbhar and Gullu @ Vijay Bahadur Rajbhar have already been granted bail by this Court in Crl. Misc. Bail Application Nos. 320/2024, 12352/2023 & 14351/2023 vide orders dated 03.09.2024, 18.09.2024 & 25.09.2024, as the bail orders have been shown to the Court. Learned counsel for the applicant has further submitted that in one case bearing Case Crime No.135/2021, under Sections 302, 34 & 120-B IPC, the present applicant has been granted bail by this Court on 16.03.2022, therefore, learned counsel for the applicant has stated that on the basis of principles of pairity the applicant may be enlarged on bail.

4. Learned counsel for the applicant has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

5. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant.

6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no one has been named in FIR, there is no incriminating material or evidence against the present applicant except the statement of some witnesses, who have stated that they have seen all accused persons, who were riding on the motorcycle; para- 16 of the counter affidavit wherein the reference of one country made pistol of .315 bore and one live cartridge of .315 has been given saying that it belongs to the present applicant, however, in the recovery memo, the recovered cartridge is of . 32 bore, co-accused namely, Kisendar Rajbhar, Prince Rajbhar and Gullu @ Vijay Bahadur Rajbhar have already been granted bail by this Court in Crl. Misc. Bail Application Nos.320/2024, 12352/2023 & 14351/2023 vide orders dated 03.09.2024, 18.09.2024 & 25.09.2024, and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

7. Accordingly, the instant bail application is allowed.

8. Let the applicant (Bhanu Pratap @ Gorelal Yadav) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 is issued and the applicant fails 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 3.7.2025 Reena/- (Rajesh Singh Chauhan,J.)