High Court

4. The first information report of the present matter was lodged on

10.09.2024 by Om Prakash against unknown persons alleging therein that his son Rakesh was living in Sonbhadra and was doing the work of sale and purchase of foodgrains. He was running a shop on rent and used to visit the market for purchase of foodgrains weekly. On 10.09.2024, he had gone on his motorcycle to Jawarigaar market and while he was returning back to his house, when he reached near Anganbari Kendra, some unknown persons have committed his murder. On receiving information, he reached the place of occurrence and found the incident to have taken place at around 7:00 P.M. and thereafter, he rushed to C.H.C. Hospital, Chopan where the doctor declared the injured dead.

5. Learned counsel for the applicant argued that the applicant is not named in the F.I.R. It is submitted that the present case is a case of circumstantial evidence in which the link in the chain of circumstances are missing. It is submitted that the Mahendra Kumar Patel was interrogated as an alleged eye witness, who stated the presence of the applicant and place of occurrence. It is submitted that on the pointing out of the applicant, a knife was recovered. It is submitted that the cause of death has been opined as hemorrhagic shock which is a gun shot injury. It is submitted that although, there are two other lacerated wounds on the body of the deceased but the same did not cause to the death of deceased. It is further submitted that the co-accused Surendra Kumar has been granted bail by Co-ordinate Bench of this Court vide order dated

18.02.2025 passed in Criminal Misc. Bail Application No. 100 of 2025, photocopy of the said order has been produced before this Court which is taken on record. It is further submitted that the applicant have no motive to commit the aforesaid crime. It is further submitted that the applicant has no criminal history as stated in para 40 of the affidavit and is in jail since 15.09.2024.

6. Per contra, learned counsel for the State opposed the prayer for bail.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R. The implication of the applicant has surfaced during investigation. The present case is a case of circumstantial evidence. There is no eye witness of the incident. The cause of death is due to gun shot injury. The recovery of knife is alleged to have recovered on the pointing out of the applicant. The co-accused Surendra Kumar has been granted bail by Co-ordinate Bench of this Court vide order dated 18.02.2025.

8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

9. Let the applicant - Ashish Kumar Bharti be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 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 and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

11. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 5.4.2025 Manoj

4. The first information report of the present matter was lodged on

10.09.2024 by Om Prakash against unknown persons alleging therein that his son Rakesh was living in Sonbhadra and was doing the work of sale and purchase of foodgrains. He was running a shop on rent and used to visit the market for purchase of foodgrains weekly. On 10.09.2024, he had gone on his motorcycle to Jawarigaar market and while he was returning back to his house, when he reached near Anganbari Kendra, some unknown persons have committed his murder. On receiving information, he reached the place of occurrence and found the incident to have taken place at around 7:00 P.M. and thereafter, he rushed to C.H.C. Hospital, Chopan where the doctor declared the injured dead.

5. Learned counsel for the applicant argued that the applicant is not named in the F.I.R. It is submitted that the present case is a case of circumstantial evidence in which the link in the chain of circumstances are missing. It is submitted that the Mahendra Kumar Patel was interrogated as an alleged eye witness, who stated the presence of the applicant and place of occurrence. It is submitted that on the pointing out of the applicant, a knife was recovered. It is submitted that the cause of death has been opined as hemorrhagic shock which is a gun shot injury. It is submitted that although, there are two other lacerated wounds on the body of the deceased but the same did not cause to the death of deceased. It is further submitted that the co-accused Surendra Kumar has been granted bail by Co-ordinate Bench of this Court vide order dated

18.02.2025 passed in Criminal Misc. Bail Application No. 100 of 2025, photocopy of the said order has been produced before this Court which is taken on record. It is further submitted that the applicant have no motive to commit the aforesaid crime. It is further submitted that the applicant has no criminal history as stated in para 40 of the affidavit and is in jail since 15.09.2024.

6. Per contra, learned counsel for the State opposed the prayer for bail.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R. The implication of the applicant has surfaced during investigation. The present case is a case of circumstantial evidence. There is no eye witness of the incident. The cause of death is due to gun shot injury. The recovery of knife is alleged to have recovered on the pointing out of the applicant. The co-accused Surendra Kumar has been granted bail by Co-ordinate Bench of this Court vide order dated 18.02.2025.

8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

9. Let the applicant - Ashish Kumar Bharti be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 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 and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

11. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 5.4.2025 Manoj