High Court · 2025

2. Heard Sri Manoj Kumar, learned counsel for the applicant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record.

3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Ram Sewak Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 564 of 2024, under Section 103 (1) BNS, registered at P.S. Bhojipura, District- Bareilly.

4. First Information Report of the matter was lodged on 21.8.2024 by Muskan, against the applicant/Ram Sewak Gupta and Lakhan Gupta alleging therein that around 1-1/2 months back, she and her husband went to the house of her elder nanad/Geeta Devi wherein her nandoi/Ram Sewak Gupta (the applicant), threatened her and established physical relationship with her and threatened her of murdering her and her husband, if told about it to anyone. He established physical relationship with her about 08 times. On 15.07.2024 she along with her elder nanad Geeta Devi went to Bhitora Pilibhit to see a patient and after returning back in the night, asked about her husband on which the applicant told her that he would be somewhere outside. Later on she found him to be lying near channel in a dead condition having injuries on his neck.

5. Learned counsel for the applicant submitted that the applicant is nandoi of the informant and he has been falsely implicated in the present case. It is submitted that there is no eye witness to the incident and implication of the applicant in the present case is on the basis of suspicion only. It is further submitted that co-accused Lakhan Gupta alias Laakhan has been granted bail by a co- ordinate Bench of this Court vide order dated 11.2.2025 passed in Criminal Misc. Bail Application No. 1395 of 2025, copy of the said order has been produced before the Court which is taken on record. It is submitted that the F.I.R. of the matter was lodged after about 01 month and 6 days of the incident for which there is no plausible explanation. It is submitted that delay in lodging of the F.I.R. goes to show that the same is a tutored document just in order to falsely implicate the applicant. It is submitted that investigation in the matter has concluded and a charge sheet has been submitted and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is submitted that the applicant has no other criminal antecedents as stated in para- 12 of the affidavit and is in jail since 26.11.2024.

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

7. After having heard learned counsels for the parties and perusing the record, it is evident that there is no eye witness to the murder of the deceased. Naming of the applicant is on the ground suspicion only. The F.I.R. has been lodged after 01 month and 06 days of the incident. Co-accused Lakhan Gupta alias Laakhan has been granted bail.

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- Ram Sewak Gupta, 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 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 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 him in accordance with law and the trial court may proceed against 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. (Samit Gopal,J.) Order Date :- 9.4.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Manoj Kumar, learned counsel for the applicant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record.

3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Ram Sewak Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 564 of 2024, under Section 103 (1) BNS, registered at P.S. Bhojipura, District- Bareilly.

4. First Information Report of the matter was lodged on 21.8.2024 by Muskan, against the applicant/Ram Sewak Gupta and Lakhan Gupta alleging therein that around 1-1/2 months back, she and her husband went to the house of her elder nanad/Geeta Devi wherein her nandoi/Ram Sewak Gupta (the applicant), threatened her and established physical relationship with her and threatened her of murdering her and her husband, if told about it to anyone. He established physical relationship with her about 08 times. On 15.07.2024 she along with her elder nanad Geeta Devi went to Bhitora Pilibhit to see a patient and after returning back in the night, asked about her husband on which the applicant told her that he would be somewhere outside. Later on she found him to be lying near channel in a dead condition having injuries on his neck.

5. Learned counsel for the applicant submitted that the applicant is nandoi of the informant and he has been falsely implicated in the present case. It is submitted that there is no eye witness to the incident and implication of the applicant in the present case is on the basis of suspicion only. It is further submitted that co-accused Lakhan Gupta alias Laakhan has been granted bail by a co- ordinate Bench of this Court vide order dated 11.2.2025 passed in Criminal Misc. Bail Application No. 1395 of 2025, copy of the said order has been produced before the Court which is taken on record. It is submitted that the F.I.R. of the matter was lodged after about 01 month and 6 days of the incident for which there is no plausible explanation. It is submitted that delay in lodging of the F.I.R. goes to show that the same is a tutored document just in order to falsely implicate the applicant. It is submitted that investigation in the matter has concluded and a charge sheet has been submitted and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is submitted that the applicant has no other criminal antecedents as stated in para- 12 of the affidavit and is in jail since 26.11.2024.

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

7. After having heard learned counsels for the parties and perusing the record, it is evident that there is no eye witness to the murder of the deceased. Naming of the applicant is on the ground suspicion only. The F.I.R. has been lodged after 01 month and 06 days of the incident. Co-accused Lakhan Gupta alias Laakhan has been granted bail.

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- Ram Sewak Gupta, 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 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 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 him in accordance with law and the trial court may proceed against 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. (Samit Gopal,J.) Order Date :- 9.4.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad