High Court
Case Details
Neutral Citation No. - 2025:AHC:52307 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6155 of 2025 Applicant :- Prem Opposite Party :- State of U.P. Counsel for Applicant :- Adya Prasad Tewari,Pradeep Kumar Pal Counsel for Opposite Party :- Anand Kumar Singh,G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Pradeep Kumar Pal, learned counsel for the applicant, Sri Anand Kumar Singh, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Prem seeking enlargement on bail during trial in connection with Case Crime No. 290 of 2024, under Sections 103(1)/61(1), 238, 351(2) B.N.S., Police Station Shivli, District Kanpur Dehat. 4. The first information report of the present matter was lodged on on 17.10.2024 by Smt. Roli Devi against the applicant and three other co-accused persons alleging therein that her daughter Rekha Devi went from the house on 10.10.2024, who was seen with the applicant. On 17.10.2024, her dead body was found near a drain. She has suspicion that the accused persons have murdered her and thrown her dead body. The 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 submitted that naming of the applicant in the matter is on the basis of suspicion only. It is submitted that there is no eye witness of the murder. It is further submitted that the present case is the case of circumstantial evidence in which the links in the chain of circumstances are missing. It is submitted that no incriminating material has been recovered from the possession of the applicant, paragraph 6 of the affidavit has been placed before this Court. It is further submitted that the investigation in the matter has been concluded and charge sheet has been submitted and as such there are no chances of the applicant tempering with the evidence. It is further submitted that the co-accused Vimal has been granted bail by Co-ordinate Bench of this Court vide order dated 04.04.2025 passed in Criminal Misc. Bail Application No. 10401 of 2025, copy of the order has been produced before this Court which is taken on record. It is further submitted that the applicant was previously involved in one other criminal case but he has been granted bail therein, paragraph no. 20 of the affidavit has been placed before this Court. The applicant is in jail since 20.10.2024. 6. Per contra, learned counsel for the State and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant is named in the F.I.R. but could not dispute the arguments as aforesaid. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the first information report was lodged on the basis of suspicion. There is no eye witness of the murder. The present case is the case of circumstantial evidence, in which the links in the chain of circumstances are missing. The co-accused Vimal has been granted bail by 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- Prem 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 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.
Decision
12. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 9.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad