Atar Singh v. State of U.P.)

2. Heard Sri Shobhit Pathak, learned counsel for the applicant and Sri Jitendra Singh, learned counsel for the State and perused the material on record.

3. This is second bail application of the applicant. The first bail application of the applicant was dismissed for non prosecution by this Court vide order dated 31.10.2023 passed in Criminal Misc. Bail Application No. 41152 of 2021 (Atar Singh Vs. State of U.P.).

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Atar Singh, seeking enlargement on bail during trial in connection with Case Crime No. 175 of 2021, under Sections 302, 201 I.P.C., Police Station Asmoli, District Sambhal.

5. The first information report of the present matter was lodged on 10.06.2021 by the applicant against unknown persons alleging therein that on the said day at about 7.30 am he and his wife Jogindri had gone to the fields to take care of the peppermint crop. He then came back to the house and with his mother Smt. Mithilesh went to bring medicines and returned back but his wife did not come back. He then on search went to the field where he found the body of his wife with neck cut lying at about 5.30 pm. Some unknown person has cut her neck and murdered her. A report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of circumstantial nature. It is submitted that the applicant is the first informant and husband of the deceased who has subsequently been made as an accused in the present matter on the basis of his alleged confessional statement and recovery of a khurpi. It is submitted that the trial in the present matter has started in which Smt. Santosh a neighbour, Monu the brother of the applicant, Rajpal another brother of the applicant and Monika the daughter of the appliant have been examined as P.W.s 1, 2, 3 & 4. It is submitted that P.W.-1 and P.W.-2 have not supported that prosecution case and have been declared hostile whereas P.W.-3 has not supported that prosecution case. It is submitted that the implication of the applicant in the present matter is on the basis of suspicion only. It is submitted that the applicant was previously involved in a case in which he has been acquitted, paragraph 2 & 3 of the supplementary affidavit dated 31.07.2025 and Annexuere-SA-1 to the same being the judgement and order of the trial court has been placed before the Court. The applicant is in jail since 16.06.2021.

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

8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the first informant who has been made an accused in the present matter. The first information report was lodged by him against unknown persons. The present case is a case of circumstantial nature. There is no eye-witness to the murder. The links in the circumstances are conspicuously missing. The trial in the matter is going on in which two witnesses have been declared hostile.

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- Atar Singh, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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. Order Date :- 19.8.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Shobhit Pathak, learned counsel for the applicant and Sri Jitendra Singh, learned counsel for the State and perused the material on record.

3. This is second bail application of the applicant. The first bail application of the applicant was dismissed for non prosecution by this Court vide order dated 31.10.2023 passed in Criminal Misc. Bail Application No. 41152 of 2021 (Atar Singh Vs. State of U.P.).

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Atar Singh, seeking enlargement on bail during trial in connection with Case Crime No. 175 of 2021, under Sections 302, 201 I.P.C., Police Station Asmoli, District Sambhal.

5. The first information report of the present matter was lodged on 10.06.2021 by the applicant against unknown persons alleging therein that on the said day at about 7.30 am he and his wife Jogindri had gone to the fields to take care of the peppermint crop. He then came back to the house and with his mother Smt. Mithilesh went to bring medicines and returned back but his wife did not come back. He then on search went to the field where he found the body of his wife with neck cut lying at about 5.30 pm. Some unknown person has cut her neck and murdered her. A report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the present case is a case of circumstantial nature. It is submitted that the applicant is the first informant and husband of the deceased who has subsequently been made as an accused in the present matter on the basis of his alleged confessional statement and recovery of a khurpi. It is submitted that the trial in the present matter has started in which Smt. Santosh a neighbour, Monu the brother of the applicant, Rajpal another brother of the applicant and Monika the daughter of the appliant have been examined as P.W.s 1, 2, 3 & 4. It is submitted that P.W.-1 and P.W.-2 have not supported that prosecution case and have been declared hostile whereas P.W.-3 has not supported that prosecution case. It is submitted that the implication of the applicant in the present matter is on the basis of suspicion only. It is submitted that the applicant was previously involved in a case in which he has been acquitted, paragraph 2 & 3 of the supplementary affidavit dated 31.07.2025 and Annexuere-SA-1 to the same being the judgement and order of the trial court has been placed before the Court. The applicant is in jail since 16.06.2021.

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

8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the first informant who has been made an accused in the present matter. The first information report was lodged by him against unknown persons. The present case is a case of circumstantial nature. There is no eye-witness to the murder. The links in the circumstances are conspicuously missing. The trial in the matter is going on in which two witnesses have been declared hostile.

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- Atar Singh, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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. Order Date :- 19.8.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad