Badrinarayan Vishwakarma v. State of U.P

2. Heard Sri Pradeep Kumar Sharma, Advocate holding brief of Sri Nitesh Kumar Singh, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been the applicant- Badri Narayan Vishwakarma @ filed by Badrinarayan Vishwakarma, seeking enlargement on bail during trial in connection with Case Crime No. 0079 of 2024, under Sections 103(1) & 238 B.N.S., Police Station Myorpur, District Sonbhadra.

4. The first information report of the present matter was lodged on 01.09.2024 by S.H.O. Hemant Kumar Singh against the applicant on the basis of a recovery and arrest memo of the applicant wherein he was arrested on 31.08.2024 and certain articles allegedly of the deceased Smt. Heera Kunwar were recovered and his confessional statement was recorded.

5. Learned counsel for the applicant submits that the applicant is the son-in-law of the deceased. It is submitted that the evidence as brought forward by the police against the applicant at the initial stage was of the arrest of the applicant and recovery of mobile phone of the deceased and his confessional statement that he on 01.08.2024 took 2 BAIL No. 25304 of 2025 Smt. Heera Kunwar with him and assaulted her many times with his helmet due to which she died and after being satisfied regarding her death he concealed the said mobile and the broken helmet which can be got recovered on his pointing out. It is submitted that the applicant has no motive to commit the aforesaid offence. It is further submitted that the postmortem examination of the deceased Smt. Heera Kunwar was conducted on 03.10.2024 wherein the doctor opined the time since death as about 1-2 months and from the bones opined that the same appear to be of a human and probably a female. With regard to cause of death the doctor opined as under:- "During examination bundle of bones as mentioned above, there is no bone fracture which rule out the any blunt or sharp objects trauma. However, due to putrefaction it is not possible to make any definite comment regarding presence or absence of any skin or visceral injuries which may have individually or collectively caused death or contributed to the cause of death."

6. It is submitted that there is no conclusive opinion of the doctor regarding the cause of death of the deceased. It is submitted that the applicant has been falsely implicated as there was some dispute going on between him and his wife as he was having suspicion of his wife being involved with some other man which was reason for her deposing against him. While placing Annexure-14 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 33 of the affidavit and is in jail since 01.09.2024.

7. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the son-in-law of the deceased and in his confessional statement to the police has stated of taking the deceased, assaulting her with his helmet and murdering her. It is submitted that the mobile phone of the deceased was recovered on the possession of the applicant.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the present case is a case of circumstantial in nature. There is no eye-witness to the incident. The arrest and recovery memo are the first documents after which the investigation 3 BAIL No. 25304 of 2025 proceeded. The mobile of the deceased although has been recovered from the possession of the applicant but the same is not incriminating in any manner. The applicant and the daughter of the deceased were having some matrimonial discord.

9. 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.

10. Let the applicant- Badri Narayan Vishwakarma @ Badrinarayan Vishwakarma, be released on bail in the aforesaid case crime number on furnishing a personal bond and 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 4 BAIL No. 25304 of 2025 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.

11. 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.

12. The bail application is allowed.

13. Pending application (s), if any, shall stand disposed of. September 25, 2025 AS Rathore (Samit Gopal,J.)

2. Heard Sri Pradeep Kumar Sharma, Advocate holding brief of Sri Nitesh Kumar Singh, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been the applicant- Badri Narayan Vishwakarma @ filed by Badrinarayan Vishwakarma, seeking enlargement on bail during trial in connection with Case Crime No. 0079 of 2024, under Sections 103(1) & 238 B.N.S., Police Station Myorpur, District Sonbhadra.

4. The first information report of the present matter was lodged on 01.09.2024 by S.H.O. Hemant Kumar Singh against the applicant on the basis of a recovery and arrest memo of the applicant wherein he was arrested on 31.08.2024 and certain articles allegedly of the deceased Smt. Heera Kunwar were recovered and his confessional statement was recorded.

5. Learned counsel for the applicant submits that the applicant is the son-in-law of the deceased. It is submitted that the evidence as brought forward by the police against the applicant at the initial stage was of the arrest of the applicant and recovery of mobile phone of the deceased and his confessional statement that he on 01.08.2024 took 2 BAIL No. 25304 of 2025 Smt. Heera Kunwar with him and assaulted her many times with his helmet due to which she died and after being satisfied regarding her death he concealed the said mobile and the broken helmet which can be got recovered on his pointing out. It is submitted that the applicant has no motive to commit the aforesaid offence. It is further submitted that the postmortem examination of the deceased Smt. Heera Kunwar was conducted on 03.10.2024 wherein the doctor opined the time since death as about 1-2 months and from the bones opined that the same appear to be of a human and probably a female. With regard to cause of death the doctor opined as under:- "During examination bundle of bones as mentioned above, there is no bone fracture which rule out the any blunt or sharp objects trauma. However, due to putrefaction it is not possible to make any definite comment regarding presence or absence of any skin or visceral injuries which may have individually or collectively caused death or contributed to the cause of death."

6. It is submitted that there is no conclusive opinion of the doctor regarding the cause of death of the deceased. It is submitted that the applicant has been falsely implicated as there was some dispute going on between him and his wife as he was having suspicion of his wife being involved with some other man which was reason for her deposing against him. While placing Annexure-14 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. The applicant has no criminal history as stated in para 33 of the affidavit and is in jail since 01.09.2024.

7. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the son-in-law of the deceased and in his confessional statement to the police has stated of taking the deceased, assaulting her with his helmet and murdering her. It is submitted that the mobile phone of the deceased was recovered on the possession of the applicant.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the present case is a case of circumstantial in nature. There is no eye-witness to the incident. The arrest and recovery memo are the first documents after which the investigation 3 BAIL No. 25304 of 2025 proceeded. The mobile of the deceased although has been recovered from the possession of the applicant but the same is not incriminating in any manner. The applicant and the daughter of the deceased were having some matrimonial discord.

9. 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.

10. Let the applicant- Badri Narayan Vishwakarma @ Badrinarayan Vishwakarma, be released on bail in the aforesaid case crime number on furnishing a personal bond and 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 4 BAIL No. 25304 of 2025 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.

11. 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.

12. The bail application is allowed.

13. Pending application (s), if any, shall stand disposed of. September 25, 2025 AS Rathore (Samit Gopal,J.)