High Court

Singh, the learned counsel for the informant and perused the records.

2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 80/2024, under Sections 364, 302 & 201 IPC, Police Station Bilgram, District Hardoi.

3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.02.2024 against five persons, including the applicants, stating that the informant's father had gone missing on 10.12.2023. There was a property dispute going on between the informant's family and the named accused persons, for which reason they had abducted and killed the informant's father. Initially this information was given by the informant on

12.12.2023 and the FIR was lodged on 15.07.2024. The delay occurred because there was some dispute regarding territorial jurisdiction of the police station where the FIR was required to be lodged.

4. On 13.12.2023, Mahendra, another son of the deceased, gave an application to the police stating that a net was put in river Ganga and a human forearm was found therein. Upon receipt of this information, police reached the spot. Inquest proceedings were carried out which were witnessed by the informant and his brother Mahendra besides three other persons. Again on

18.12.2023, one Bhola Singh, who had employed the deceased to look after his fields, gave information to the police that a right human foot was found in a net placed in river Ganga. Inquest proceedings conducted on this information were witnessed by Bhola Singh, Virendra (informant) and Mahendra (another son of the deceased). Yet again, the informant gave an information to the police on 24.01.2024 that head of his father was recovered from sand at the bank of river Ganga in a place falling in police station Bilgram. The inquest proceedings were witnessed by the informant Virendra. It is recorded in the inquest report that face of the head was not recognizable. In the additional statement of the informant recorded by the Investigating Officer, he stated that his father used to work for Bhola Singh. Bhola Singh owns vast chunks of land. The accused persons have some land disputes with Bhola Singh. The deceased used to accompany Bhola Singh. The informant suspected that the accused persons would have killed his father for the aforesaid reason.

5. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history.

6. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge sheet dated 07.10.2024. The remains recovered have been identified as belonging to father of the informant. A copy of the call detail record of the applicants and co-accused Shivbhajan has been annexed with the counter affidavit filed by the State. As per which location of the mobile of the applicant was found in Lohamandi, District Kannauj which is near the place of incident.

7. The informant has also filed a counter affidavit annexing therewith copies of postmortem report, DNA examination reports and a copy of the relevant extracts of case diary where the observations regarding call detail record have been recorded, as per which the mobile location of the applicants have been found near the place of incident.

8. The applicants have filed a rejoinder affidavit, which is taken on record.

9. It has also been submitted on behalf of the applicants that the co-accused persons Prem Lal and Rishi Kumar have already been enlarged on bail by this court by means of order dated

01.04.2025, passed in Criminal Misc. Bail Application No.11757 of 2024. The informant had pointed out involvement of the applicant in another criminal case in his counter affidavit. In the rejoinder affidavit, it has been stated that the applicant is not an accused in that case.

10. Another co-accused Shivbhajan has also been granted bail by means of an order dated 10.04.2025 passed by this Court in Crl. Misc. Bail Application No.11623 of 2024.

11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no eye witness of the incident; that the informant has stated in his additional statement that he suspects that the accused persons have killed his father; the reason for suspicion is said to be that the accused persons have some property dispute with one Bhola Singh and the deceased was employed by Bhola Singh; that there is no animosity between the accused persons and the deceased; that the mobile location of the applicant has been found in District Kannauj and three co-accused persons have already been enlarged on bail by this court and without making any observation which may affect the outcome of the trial, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

10. Accordingly, this bail application stands allowed.

11. Let the applicants- Shobhit Rajput and Sushil be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. . Order Date :- 1.5.2025 -Amit K- [Subhash Vidyarthi, J.]

Singh, the learned counsel for the informant and perused the records.

2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 80/2024, under Sections 364, 302 & 201 IPC, Police Station Bilgram, District Hardoi.

3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.02.2024 against five persons, including the applicants, stating that the informant's father had gone missing on 10.12.2023. There was a property dispute going on between the informant's family and the named accused persons, for which reason they had abducted and killed the informant's father. Initially this information was given by the informant on

12.12.2023 and the FIR was lodged on 15.07.2024. The delay occurred because there was some dispute regarding territorial jurisdiction of the police station where the FIR was required to be lodged.

4. On 13.12.2023, Mahendra, another son of the deceased, gave an application to the police stating that a net was put in river Ganga and a human forearm was found therein. Upon receipt of this information, police reached the spot. Inquest proceedings were carried out which were witnessed by the informant and his brother Mahendra besides three other persons. Again on

18.12.2023, one Bhola Singh, who had employed the deceased to look after his fields, gave information to the police that a right human foot was found in a net placed in river Ganga. Inquest proceedings conducted on this information were witnessed by Bhola Singh, Virendra (informant) and Mahendra (another son of the deceased). Yet again, the informant gave an information to the police on 24.01.2024 that head of his father was recovered from sand at the bank of river Ganga in a place falling in police station Bilgram. The inquest proceedings were witnessed by the informant Virendra. It is recorded in the inquest report that face of the head was not recognizable. In the additional statement of the informant recorded by the Investigating Officer, he stated that his father used to work for Bhola Singh. Bhola Singh owns vast chunks of land. The accused persons have some land disputes with Bhola Singh. The deceased used to accompany Bhola Singh. The informant suspected that the accused persons would have killed his father for the aforesaid reason.

5. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history.

6. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge sheet dated 07.10.2024. The remains recovered have been identified as belonging to father of the informant. A copy of the call detail record of the applicants and co-accused Shivbhajan has been annexed with the counter affidavit filed by the State. As per which location of the mobile of the applicant was found in Lohamandi, District Kannauj which is near the place of incident.

7. The informant has also filed a counter affidavit annexing therewith copies of postmortem report, DNA examination reports and a copy of the relevant extracts of case diary where the observations regarding call detail record have been recorded, as per which the mobile location of the applicants have been found near the place of incident.

8. The applicants have filed a rejoinder affidavit, which is taken on record.

9. It has also been submitted on behalf of the applicants that the co-accused persons Prem Lal and Rishi Kumar have already been enlarged on bail by this court by means of order dated

01.04.2025, passed in Criminal Misc. Bail Application No.11757 of 2024. The informant had pointed out involvement of the applicant in another criminal case in his counter affidavit. In the rejoinder affidavit, it has been stated that the applicant is not an accused in that case.

10. Another co-accused Shivbhajan has also been granted bail by means of an order dated 10.04.2025 passed by this Court in Crl. Misc. Bail Application No.11623 of 2024.

11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no eye witness of the incident; that the informant has stated in his additional statement that he suspects that the accused persons have killed his father; the reason for suspicion is said to be that the accused persons have some property dispute with one Bhola Singh and the deceased was employed by Bhola Singh; that there is no animosity between the accused persons and the deceased; that the mobile location of the applicant has been found in District Kannauj and three co-accused persons have already been enlarged on bail by this court and without making any observation which may affect the outcome of the trial, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

10. Accordingly, this bail application stands allowed.

11. Let the applicants- Shobhit Rajput and Sushil be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. . Order Date :- 1.5.2025 -Amit K- [Subhash Vidyarthi, J.]