High Court

2. Heard Sri P.K. Singh, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State of U.P. and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Driver Sanjeev Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 242 of 2024, under Section(s) 140(1), 109, 352, 351 (2), 351(3), 103(1), 3(5), 61(2), 249 B.N.S., registered at P.S.- Jariya, District Hamirpur.

4. A First Information Report of the matter was lodged on 22.09.2024 by Sri Suraj Singh, against the applicant, Tribhuvan (chacha), Veer Singh and Fufa of the applicant with the allegation that besides his room Tribhuvan (chacha) lived as a tenant. On 21.09.2024, Tribhuvan Chacha and Veer Singh brought an Ertiga Car bearing No.UP77BN0655 on rent and stated to go for darshan to Chitrakoot. Trivbhuvan Chacha came to his room and took him and his family members to Mayank Chauraha where the vehicle was standing in which on the front seat Tribhuvan Chacha sat and on the middle seat, the informant with his family members sat down and on the rear seat Veer Singh sat down. When the vehicle moved the informant suspected the intentions of the said persons to be wrong. Tribhuvan Chacha was calling the driver by his name Sanjeev Kumar. When the vehicle reached Jolhupur more at about 09.30 p.m. and turned there then the driver Sanjeev stated that his Fufa is coming and stopped the vehicle by the side of road wherein after sometime his Fufa came and then Tribhuvan Chacha and his Fufa sat on the rear seat whereas Veer Singh came and sat besides the driver, after which the vehicle started moving. They crossed Hamirpur after which the informant started getting frightened. When the vehicle moved from Rath towards Orai road then Tribhuvan Chacha and Fufa who were sitting on the rear seat, put a 'gamchcha' on the neck of the informant and tried to strangulate him and assaulted him with fists and exhorted that they would not leave him. He then from his both hands caught hold of 'gamchcha'. The vehicle moved for some distance and when it slowed down then the informant immediately opened its door and jumped outside and hid himself in a pit by the road side. His wife and children were then kidnapped by the said persons in order to murder and they ran away towards C.H.C., Gohand. They then strangulated his son Ramjee with 'gamchcha' and considering him to be dead, threw him on road and then proceeded further with his wife and daughter. He has suspicion that they would murder his wife and daughter also. A First Information Report be lodged and appropriate action be taken.

5. In the present matter, Shiv@Ramjee and Suraj Singh the first informant are the injured and Smt. Aman Yadav the wife of Suraj is the deceased. The deceased was found to have received two injuries on her body and cause of death was opined as asphyxia due to ante mortem ligature strangulation. The informant Suraj Singh was found to have received an abrasion and a conjuctived redness and Shiv @Ramjee was found to have received a contusion on his body.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant was the driver of the vehicle in which the present incident is alleged to have taken place. It is further submitted that there is no overt act assigned to the applicant and the applicant has no motive to commit the aforesaid offence. While placing the argument learned counsel for the applicant submitted that the applicant was a devoted and serious driver and was driving the vehicle which was taken by his customers on rent. It is submitted that co-accused Dharmendra Singh Yadav has been granted bail by a co-ordinate Bench of this Court vide order dated 3.4.2025 passed in Criminal Misc. Bail Application No. 10241 of 2025, copy of the said order has been placed before the Court which has been taken on record. It is submitted that the applicant is having no criminal history as stated in para-22 of the affidavit and is in jail since 23.09.2024.

7. Per contra, learned AGA opposed the prayer for bail and submitted that in the present case one person has died and two have received injuries and are the injured persons. It is submitted that the place of occurrence is the vehicle of the applicant which he was driving. It is submitted that the entire incident took place inside the vehicle but the applicant continued to drive his vehicle throughout which would go to show that he was also involved in the present matter. It is submitted that conduct of the applicant was highly objectionable and shows his active participation along with the other co-accused persons. It is submitted that the fact that vehicle is of the applicant is not in dispute and further the fact that the applicant was driving the said vehicle at the time of incident is also not in dispute. It is submitted that the prayer for bail be rejected.

8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is driver of the vehicle in question in which the entire incident took place. In the present matter one person has died and two persons have received injuries. Initially the F.I.R. of the matter was lodged under Sections 140(1), 109, 352, 351(2), 351(3) of B.N.S. but after death of one person, the same was converted in which the present bail application has been filed. The conduct of the applicant in continuing to drive the vehicle in which the incident was taking place but still he continued to drive it, goes to show his active participation and his conspiracy in it. Co-accused Dharmendra Singh Yadav who has been granted bail by a co-ordinate Bench of this Court was a person not named in the F.I.R. and thus his case is distinguishable with that of the applicant who is named in the F.I.R.

9. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail.

10. The bail application is, accordingly, rejected. (Samit Gopal,J.) Order Date :- 17.4.2025 Naresh

2. Heard Sri P.K. Singh, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State of U.P. and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Driver Sanjeev Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 242 of 2024, under Section(s) 140(1), 109, 352, 351 (2), 351(3), 103(1), 3(5), 61(2), 249 B.N.S., registered at P.S.- Jariya, District Hamirpur.

4. A First Information Report of the matter was lodged on 22.09.2024 by Sri Suraj Singh, against the applicant, Tribhuvan (chacha), Veer Singh and Fufa of the applicant with the allegation that besides his room Tribhuvan (chacha) lived as a tenant. On 21.09.2024, Tribhuvan Chacha and Veer Singh brought an Ertiga Car bearing No.UP77BN0655 on rent and stated to go for darshan to Chitrakoot. Trivbhuvan Chacha came to his room and took him and his family members to Mayank Chauraha where the vehicle was standing in which on the front seat Tribhuvan Chacha sat and on the middle seat, the informant with his family members sat down and on the rear seat Veer Singh sat down. When the vehicle moved the informant suspected the intentions of the said persons to be wrong. Tribhuvan Chacha was calling the driver by his name Sanjeev Kumar. When the vehicle reached Jolhupur more at about 09.30 p.m. and turned there then the driver Sanjeev stated that his Fufa is coming and stopped the vehicle by the side of road wherein after sometime his Fufa came and then Tribhuvan Chacha and his Fufa sat on the rear seat whereas Veer Singh came and sat besides the driver, after which the vehicle started moving. They crossed Hamirpur after which the informant started getting frightened. When the vehicle moved from Rath towards Orai road then Tribhuvan Chacha and Fufa who were sitting on the rear seat, put a 'gamchcha' on the neck of the informant and tried to strangulate him and assaulted him with fists and exhorted that they would not leave him. He then from his both hands caught hold of 'gamchcha'. The vehicle moved for some distance and when it slowed down then the informant immediately opened its door and jumped outside and hid himself in a pit by the road side. His wife and children were then kidnapped by the said persons in order to murder and they ran away towards C.H.C., Gohand. They then strangulated his son Ramjee with 'gamchcha' and considering him to be dead, threw him on road and then proceeded further with his wife and daughter. He has suspicion that they would murder his wife and daughter also. A First Information Report be lodged and appropriate action be taken.

5. In the present matter, Shiv@Ramjee and Suraj Singh the first informant are the injured and Smt. Aman Yadav the wife of Suraj is the deceased. The deceased was found to have received two injuries on her body and cause of death was opined as asphyxia due to ante mortem ligature strangulation. The informant Suraj Singh was found to have received an abrasion and a conjuctived redness and Shiv @Ramjee was found to have received a contusion on his body.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant was the driver of the vehicle in which the present incident is alleged to have taken place. It is further submitted that there is no overt act assigned to the applicant and the applicant has no motive to commit the aforesaid offence. While placing the argument learned counsel for the applicant submitted that the applicant was a devoted and serious driver and was driving the vehicle which was taken by his customers on rent. It is submitted that co-accused Dharmendra Singh Yadav has been granted bail by a co-ordinate Bench of this Court vide order dated 3.4.2025 passed in Criminal Misc. Bail Application No. 10241 of 2025, copy of the said order has been placed before the Court which has been taken on record. It is submitted that the applicant is having no criminal history as stated in para-22 of the affidavit and is in jail since 23.09.2024.

7. Per contra, learned AGA opposed the prayer for bail and submitted that in the present case one person has died and two have received injuries and are the injured persons. It is submitted that the place of occurrence is the vehicle of the applicant which he was driving. It is submitted that the entire incident took place inside the vehicle but the applicant continued to drive his vehicle throughout which would go to show that he was also involved in the present matter. It is submitted that conduct of the applicant was highly objectionable and shows his active participation along with the other co-accused persons. It is submitted that the fact that vehicle is of the applicant is not in dispute and further the fact that the applicant was driving the said vehicle at the time of incident is also not in dispute. It is submitted that the prayer for bail be rejected.

8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is driver of the vehicle in question in which the entire incident took place. In the present matter one person has died and two persons have received injuries. Initially the F.I.R. of the matter was lodged under Sections 140(1), 109, 352, 351(2), 351(3) of B.N.S. but after death of one person, the same was converted in which the present bail application has been filed. The conduct of the applicant in continuing to drive the vehicle in which the incident was taking place but still he continued to drive it, goes to show his active participation and his conspiracy in it. Co-accused Dharmendra Singh Yadav who has been granted bail by a co-ordinate Bench of this Court was a person not named in the F.I.R. and thus his case is distinguishable with that of the applicant who is named in the F.I.R.

9. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail.

10. The bail application is, accordingly, rejected. (Samit Gopal,J.) Order Date :- 17.4.2025 Naresh