Allahabad High Court

2. Heard Sri Birendra Singh Khokher, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Vansh, seeking enlargement on bail during trial in connection with Case Crime No.54 of 2025, u/s 333, 103(1), 351(2), 115(2) of BNS, P.S. Chhaprauli, District Baghpat.

4. The FIR of the matter was lodged on 14.3.2025 by Kulbeer against Akshay, Sagar and Vansh (the applicant) alleging therein that on 14.3.2025, they were playing Holi wherein the accused persons in an intoxicated condition, entered in their house and fired there. Co-accused Akshay fired by stating that he has assaulted his brother Sagar and he would murder him. On the shouts, beside family members, the people of the locality came there and pulled Akshay and Vansh outside and in the meantime, Akshay fired on his brother and chased him by stating that he has killed his brother and he would also murder him. In the meantime his younger brother Vansh also assaulted everyone. On collecting of the people of the village, all the accused persons while extending threats ran away. His brother died while being taken for treatment. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that role of firing 2 BAIL No. 25909 of 2025 on Amit, the deceased is assigned to co-accused Akshay. The deceased was found to have received two gun-shot injuries out of which, one is wound of entry and other is wound of exit and there was heamatoma on the top of head which is unexplained by the prosecution. The cause of death of the deceased opined by the doctor was shock and haemorrhage due to antemortem injuries. It is further argued that role of firing on the deceased is assigned to co-accused Akshay and thus the case of the applicant is distinguishable with that of co-accused Akshay. It is further submitted that investigation in the matter has concluded and the charge sheet has been submitted, copy of the same is annexed as Annexure No.9 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 24 of the affidavit. The applicant is in jail since 16.3.2025.

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

7. After hearing the counsel for the parties and perusing the record, it is evident that role of firing on the deceased is assigned to co-accused Akshay. Amit, the deceased was found to have received head injury also but there is no explanation by the prosecution regarding the said injury and also the author of the said injury is not known. The case of the applicant is distinguishable with that of co-accused Akshay. Investigation in the matter has concluded and the charge sheet has been submitted.

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-Vansh, 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 3 BAIL No. 25909 of 2025 date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she/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 her/him presence proclamation under section 84 BNSS, 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 her/him, in accordance with law, under section 209 BNS, 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 BNSS, 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 her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 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 24, 2025 Gaurav Kuls (Samit Gopal,J.)

2. Heard Sri Birendra Singh Khokher, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Vansh, seeking enlargement on bail during trial in connection with Case Crime No.54 of 2025, u/s 333, 103(1), 351(2), 115(2) of BNS, P.S. Chhaprauli, District Baghpat.

4. The FIR of the matter was lodged on 14.3.2025 by Kulbeer against Akshay, Sagar and Vansh (the applicant) alleging therein that on 14.3.2025, they were playing Holi wherein the accused persons in an intoxicated condition, entered in their house and fired there. Co-accused Akshay fired by stating that he has assaulted his brother Sagar and he would murder him. On the shouts, beside family members, the people of the locality came there and pulled Akshay and Vansh outside and in the meantime, Akshay fired on his brother and chased him by stating that he has killed his brother and he would also murder him. In the meantime his younger brother Vansh also assaulted everyone. On collecting of the people of the village, all the accused persons while extending threats ran away. His brother died while being taken for treatment. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that role of firing 2 BAIL No. 25909 of 2025 on Amit, the deceased is assigned to co-accused Akshay. The deceased was found to have received two gun-shot injuries out of which, one is wound of entry and other is wound of exit and there was heamatoma on the top of head which is unexplained by the prosecution. The cause of death of the deceased opined by the doctor was shock and haemorrhage due to antemortem injuries. It is further argued that role of firing on the deceased is assigned to co-accused Akshay and thus the case of the applicant is distinguishable with that of co-accused Akshay. It is further submitted that investigation in the matter has concluded and the charge sheet has been submitted, copy of the same is annexed as Annexure No.9 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 24 of the affidavit. The applicant is in jail since 16.3.2025.

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

7. After hearing the counsel for the parties and perusing the record, it is evident that role of firing on the deceased is assigned to co-accused Akshay. Amit, the deceased was found to have received head injury also but there is no explanation by the prosecution regarding the said injury and also the author of the said injury is not known. The case of the applicant is distinguishable with that of co-accused Akshay. Investigation in the matter has concluded and the charge sheet has been submitted.

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-Vansh, 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 3 BAIL No. 25909 of 2025 date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she/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 her/him presence proclamation under section 84 BNSS, 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 her/him, in accordance with law, under section 209 BNS, 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 BNSS, 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 her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 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 24, 2025 Gaurav Kuls (Samit Gopal,J.)