High Court
Case Details
Neutral Citation No. - 2025:AHC:60891 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6863 of 2025 Applicant :- Arman Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 B.N.S.S has been filed by the applicant-Arman, seeking enlargement on bail during trial in connection with Case Crime No.265 of 2024, under Sections 103(1), 3/5 of B.N.S. and Section 3/25/27 of Arms Act, registered at Police Station Badgaon, District Saharanpur. 4. The compliance affidavit has been filed by learned counsel for the State in Court today, the same is taken on record. 5. The FIR of the matter was lodged by Mamudeen on 14.12.2024 against unknown persons alleging therein that on 14.12.2024 at about 5.45 a.m. he received an information from his house at the brick kiln that his brother Sattar has been murdered. On the said information he reached at the house of his brother where Danish, the son of his brother told him that in the night at about 1 a.m., he heard the sound of fire after which he came out from the room but did not see anyone and then he went back and slept. His father Sattar used to sleep in the enclosure of animals and in the morning at about 5.30 a.m. he did not wake up like other days after which he went there and tried to wake him up and found that unknown persons have murdered him. 6. Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR has been lodged against unknown persons. It is submitted that implication of the applicant is during investigation which has surfaced in the confessional statement of co-accused Danish, the son of the deceased. It is submitted that there is no eye-witness to the alleged murder. It is submitted that although the police has shown recovery of a country-made pistol on the joint pointing out of the applicant and co-accused Bilal but the said recovery is a planted recovery and there is no public and independent witness, para 16 of the affidavit in support of bail application has been placed before the Court. The applicant has no criminal history, para 21 of the affidavit in support of bail application has been placed before the Court. The applicant is in jail since 17.12.2024. 7. Learned counsel for the State vehemently opposed the prayer of bail and submitted that in compliance of the previous order dated 7.4.2025, the compliance affidavit dated 21.4.2025 has been filed today in which the charge sheet in the present matter has been annexed as annexure no.1. On the said charge sheet the court concerned has taken cognizance vide order dated 17.3.2025. The investigation in the matter has concluded. Learned counsel for the State could not dispute the arguments as aforesaid. 8. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is not named in the FIR. The implication of the applicant is on the basis of confessional statement of co-accused Danish who is the son of the deceased. There is no eye-witness to the murder. The alleged recovery is on the joint pointing out of the applicant and one co-accused of which there is no public or independent witness. 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-Arman, 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 (s) will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant (s) 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 (s) shall file an undertaking to the effect that he/they 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 (s) will not misuse the liberty of bail in any manner whatsoever. In case, the applicant (s) 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 (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under section 209 BNS, 2023. (v) The applicant (s) 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 (s) 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/them in accordance with law and the trial court may proceed against him/them 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 (s). 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 (s) to prison. 12. The bail application is allowed.
Decision
13. Pending application (s), if any, shall stand disposed of. Order Date :- 23.4.2025 Gaurav Kuls (Samit Gopal, J.) Digitally signed by :- Digitally signed by :- GAURAV KULSHRESTHA GAURAV KULSHRESTHA High Court of Judicature at Allahabad High Court of Judicature at Allahabad