High Court

Judgment

1. Heard Sri Atul Verma, the learned counsel for the applicant, Sri Rajeev Kumar Verma, the learned A.G.A.-I for the State, Shri Suneel Kumar Singh Kalhans, the learned counsel for the informant and perused the records.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 329 of 2024, under Sections 191(2), 191(3), 190, 103(1), 352 B.N.S., Police Station Paraspur, District Gonda.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.07.2024 against the applicant, his father Udai Bhan Singh @ Lallan Singh and his two brothers Balveer Singh @ Nandan Singh and Suraj Singh besides an unknown person, stating that the accused persons carrying 'banka', 'gadansa' and other illegal weapons entered the informant's house and attacked her husband because of old political animosity. The informant and her two daughters ran to save him but the accused persons went away hurling dirty abuses. The informant's took her husband to Police Station Paraspur and then to C.H.C. Paraspur from where the doctors referred him to District 2 Hospital-Gonda and he was declared dead upon the arrival in the hospital.

4. The postmortem examination report mentions as many as fourteen injuries on the dead body and the cause of death has been opined to be shock and hemorrhage due to ante-mortem injuries.

5. In the statement of the informant recorded by the Investigating Officer she stated that her husband had contested election for Corporator against co-accused Udai Bhan Singh (deceased) in the

year 2023. A dispute and altercation took place between the parties during the election and the applicant’s father had lodged a case against the informant’s husband, in which the informant’s husband had gone to jail and the applicant’s father had won the election since then an animosity was smearing between the parties. On 19.07.2024, while the informant and her daughters were present in the house, the accused persons entered the informant’s house and killed her husband. Upon hearing the noise, the informant saw from the window that Lallan Singh was attacking her husband with a ‘banka’, Nandan @ Balveer Singh was also assaulting him with ‘banka’, Rohit Singh was catching hold of her husband, Chandan (the applicant) was standing outside her house holding an iron rod and Suraj was hiding somewhere nearby and she could not see Suraj. All these person had assaulted her husband.

6. Mansi Singh and Pallvi Singh, daughters of the deceased stated that they had seen Lallan Singh, Nandan Singh and Rohit Singh running away from the channel gate of their house. Lallan Singh was holding a ‘farsa’ and they could not see as to what was the held by the 3 other person. Subsequently, they came to know that two other sons of Lallan Singh, namely, Chandan Singh (the applicant) and Suraj Singh were also involved in the incident.

7. Adarsh Pratap Singh, Vishnu Pratap Singh and Piyush Singh sons of the deceased also gave similar statements.

8. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case. The applicant's involvement in four other cases has been disclosed in para 59 of the affidavit filed in support of the application as well as in the supplementary affidavit filed on

06.02.2025, in two of which he has been granted bail, in one case the Investigating Officer has submitted a closure report, but after the applicant was arrested in the present case, the charge-sheet has been submitted in that case and one case relates to the Gangster Act, in which the applicant has been involved after lodging of the present F.I.R.

9. A Rejoinder Affidavit has been filed on behalf of the applicant annexing therewith a copy of an order dated 2.12.2024 passed by a coordinate Bench of this court in Criminal Misc. Bail Application No.11527 of 2024, whereby the applicant’s brother, co-accused Suraj Singh has been granted bail.

10. The State has filed the counter affidavit annexing therewith copies of the material collected during investigation and a copy of the charge-sheet submitted on 13.08.2024.

11. The informant has also filed a counter affidavit opposing the bail application. 4

12. Learned A.G.A. as well as learned counsel for the informant have opposed the bail application. Learned counsel for the informant has submitted that the deceased’s wife has categorically stated that she had seen the applicant at the spot of occurrence.

13. A perusal of the statement of the deceased’s wife states that she has merely stated that she had seen the co-accused persons assaulting her husband and he had seen the applicant standing outside her home in the pay of public passage. Two daughters, who are said to be eye witnesses of the incident, have stated about involvement of three co- accused persons in commission of offence and they have stated that they subsequently came to know about the applicant’s involvement in commission of the offence. Two sons of the deceased and one other person have also stated the same thing.

14. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 21.07.2024 whereas the investigation already stands concluded and co-accused Suraj Singh has already been granted bail and without making any observation which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

15. Accordingly, this bail application stands allowed.

16. Let the applicant- Dharamveer Singh @ Chandan Singh be released on bail in the aforesaid 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 applicant shall not tamper with the prosecution evidence; 5 (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 01.05.2025 Arvind [Subhash Vidyarthi,J.]

year 2023. A dispute and altercation took place between the parties during the election and the applicant’s father had lodged a case against the informant’s husband, in which the informant’s husband had gone to jail and the applicant’s father had won the election since then an animosity was smearing between the parties. On 19.07.2024, while the informant and her daughters were present in the house, the accused persons entered the informant’s house and killed her husband. Upon hearing the noise, the informant saw from the window that Lallan Singh was attacking her husband with a ‘banka’, Nandan @ Balveer Singh was also assaulting him with ‘banka’, Rohit Singh was catching hold of her husband, Chandan (the applicant) was standing outside her house holding an iron rod and Suraj was hiding somewhere nearby and she could not see Suraj. All these person had assaulted her husband.

6. Mansi Singh and Pallvi Singh, daughters of the deceased stated that they had seen Lallan Singh, Nandan Singh and Rohit Singh running away from the channel gate of their house. Lallan Singh was holding a ‘farsa’ and they could not see as to what was the held by the 3 other person. Subsequently, they came to know that two other sons of Lallan Singh, namely, Chandan Singh (the applicant) and Suraj Singh were also involved in the incident.

7. Adarsh Pratap Singh, Vishnu Pratap Singh and Piyush Singh sons of the deceased also gave similar statements.

8. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case. The applicant's involvement in four other cases has been disclosed in para 59 of the affidavit filed in support of the application as well as in the supplementary affidavit filed on

06.02.2025, in two of which he has been granted bail, in one case the Investigating Officer has submitted a closure report, but after the applicant was arrested in the present case, the charge-sheet has been submitted in that case and one case relates to the Gangster Act, in which the applicant has been involved after lodging of the present F.I.R.

9. A Rejoinder Affidavit has been filed on behalf of the applicant annexing therewith a copy of an order dated 2.12.2024 passed by a coordinate Bench of this court in Criminal Misc. Bail Application No.11527 of 2024, whereby the applicant’s brother, co-accused Suraj Singh has been granted bail.

10. The State has filed the counter affidavit annexing therewith copies of the material collected during investigation and a copy of the charge-sheet submitted on 13.08.2024.

11. The informant has also filed a counter affidavit opposing the bail application. 4

12. Learned A.G.A. as well as learned counsel for the informant have opposed the bail application. Learned counsel for the informant has submitted that the deceased’s wife has categorically stated that she had seen the applicant at the spot of occurrence.

13. A perusal of the statement of the deceased’s wife states that she has merely stated that she had seen the co-accused persons assaulting her husband and he had seen the applicant standing outside her home in the pay of public passage. Two daughters, who are said to be eye witnesses of the incident, have stated about involvement of three co- accused persons in commission of offence and they have stated that they subsequently came to know about the applicant’s involvement in commission of the offence. Two sons of the deceased and one other person have also stated the same thing.

14. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 21.07.2024 whereas the investigation already stands concluded and co-accused Suraj Singh has already been granted bail and without making any observation which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

15. Accordingly, this bail application stands allowed.

16. Let the applicant- Dharamveer Singh @ Chandan Singh be released on bail in the aforesaid 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 applicant shall not tamper with the prosecution evidence; 5 (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 01.05.2025 Arvind [Subhash Vidyarthi,J.]