Allahabad High Court

2. Heard Sri Kamal Dev Singh Chanchal, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sonu, seeking enlargement on bail during trial in connection with Case Crime No. 701 of 2024, Session Trial No. 231 of 2025, under Sections 105 B.N.S., Police Station Chaubeypur, District Varanasi.

4. The first information report of the present matter was lodged on 25.10.2024 by Smt. Usha against the applicant and 03 other persons alleging therein that on 25.10.2024 at about 3 am her son Vikas Ram was assaulted and injured by the accused persons due to old enmity. He has been admitted in the Trauma Centre who is in a critical condition. The accused persons are threatening him of life.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that general and omnibus allegations have been levelled against the applicant and 03 other co-accused persons. It is submitted that there was no eye-witness to the incident. It is submitted that the first informant in her second statement recorded during investigation states that Chandan and Sonu (the applicant) called her son and had chased him and there was scuffle between them after which she went to sleep and then she came to know that her son was found at the railway line. It is submitted that the deceased was admitted in Trauma Centre, B.H.U. who died on 10.12.2024 at about 08:36 am and the cause of death was due to antemortem injuries received by him. It is submitted that there is no credible 2 BAIL No. 25279 of 2025 evidence against the applicant. It is submitted that when the deceased was brought to the hospital it was informed to the hospital authority that he has received injuries due to fall. It is submitted that the present case is a case of naming the applicant on the basis of suspicion. It is submitted that co-accused Chandan has been granted bail by a co-ordinate Bench of this Court vide order dated 29.07.2025 passed in Criminal Misc. Bail Application No. 16428 of 2025, the copy of the said order has been produced before the Court which is taken on record. The applicant has no criminal history as stated in para 29 of the affidavit and is in jail since 12.12.2024.

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 general and omnibus allegations have been levelled against the applicant and 03 other co-accused persons. The deceased died after 01 month & 15 days of the incident. The implication of the applicant is on the basis of suspicion. The deceased was found to have received injuries on the right temporo fronto parietal region. Co-accused Chandan has been granted bail by a co-ordinate Bench of this Court.

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- Sonu, 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 3 BAIL No. 25279 of 2025 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. September 25, 2025 AS Rathore (Samit Gopal,J.)

2. Heard Sri Kamal Dev Singh Chanchal, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sonu, seeking enlargement on bail during trial in connection with Case Crime No. 701 of 2024, Session Trial No. 231 of 2025, under Sections 105 B.N.S., Police Station Chaubeypur, District Varanasi.

4. The first information report of the present matter was lodged on 25.10.2024 by Smt. Usha against the applicant and 03 other persons alleging therein that on 25.10.2024 at about 3 am her son Vikas Ram was assaulted and injured by the accused persons due to old enmity. He has been admitted in the Trauma Centre who is in a critical condition. The accused persons are threatening him of life.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that general and omnibus allegations have been levelled against the applicant and 03 other co-accused persons. It is submitted that there was no eye-witness to the incident. It is submitted that the first informant in her second statement recorded during investigation states that Chandan and Sonu (the applicant) called her son and had chased him and there was scuffle between them after which she went to sleep and then she came to know that her son was found at the railway line. It is submitted that the deceased was admitted in Trauma Centre, B.H.U. who died on 10.12.2024 at about 08:36 am and the cause of death was due to antemortem injuries received by him. It is submitted that there is no credible 2 BAIL No. 25279 of 2025 evidence against the applicant. It is submitted that when the deceased was brought to the hospital it was informed to the hospital authority that he has received injuries due to fall. It is submitted that the present case is a case of naming the applicant on the basis of suspicion. It is submitted that co-accused Chandan has been granted bail by a co-ordinate Bench of this Court vide order dated 29.07.2025 passed in Criminal Misc. Bail Application No. 16428 of 2025, the copy of the said order has been produced before the Court which is taken on record. The applicant has no criminal history as stated in para 29 of the affidavit and is in jail since 12.12.2024.

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 general and omnibus allegations have been levelled against the applicant and 03 other co-accused persons. The deceased died after 01 month & 15 days of the incident. The implication of the applicant is on the basis of suspicion. The deceased was found to have received injuries on the right temporo fronto parietal region. Co-accused Chandan has been granted bail by a co-ordinate Bench of this Court.

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- Sonu, 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 3 BAIL No. 25279 of 2025 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. September 25, 2025 AS Rathore (Samit Gopal,J.)