High Court
Case Details
Neutral Citation No. - 2025:AHC:49172 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6729 of 2025 Applicant :- Anil Pandey Alias Deepu Opposite Party :- State of U.P. Counsel for Applicant :- Ankita Deol,Brij Lal Shukla,Rajiv Lochan Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Brij Lal Shukla and Ms. Ankita Deol, learned counsel s for the applicant, Sri Birendra Pratap Singh, learned counsel 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 - Anil Pandey Alias Deepu, seeking enlargement on bail during trial in connection with Case Crime No. 318 of 2024, under Sections 105, 115(2), 126(2), 352, 324(4) of Bhartiya Nyaya Sanhita, Police Station Khukhundu, District Deoria.
Legal Reasoning
4. The first information report of the matter was lodged on 26.09.2024 by Shyam Bahadur Malla against the applicant and two others alleging therein that his younger brothers Sangam Malla and Akhilesh Singh, a boy of the village, were coming on a motorcycle towards his house and at about 10:30 P.M., the accused persons stopped them and assaulted them due to which Sangam Malla received injuries. He was taken to the hospital, during treatment he died. The incident is of 25.09.2024 at about 10:30 P.M.
Legal Reasoning
5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the present case has a cross version also, of which an application under Section 173(4) B.N.S.S. dated 13.11.2024 was filed by Sheela Pandey, the mother of the applicant, against Akhilesh Singh and Sangam Malla (deceased) and Shyam Bahadur Malla, on which the court concerned vide order dated 02.01.2025 directed the same to be registered as First Information Report and be investigated. It is submitted that Sheela Pandey the informant of the case, received injuries and also received a fracture of shaft of ulna. The medical examination reports have been placed before the Court which are annexure-9 to the affidavit. It is submitted that as such the present case is a cross case. It is further submitted that the co-accused Pankaj Pandey @ Anand has been granted bail by a Co-ordinate Bench of this Court vide order dated 07.05.2025 passed in Criminal Misc. Bail Application No. 44604 of 2024, copy of the order has been annexed as Annexure-12 to the affidavit. It is further submitted that no incriminating articles have been recovered either from the possession of the applicant or on his pointing out. It is further submitted that general and omnibus allegations have been levelled against the applicant and two other co-accused persons.It is submitted that the applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 27.09.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the present case has a cross version also in which the informant has received injuries. The co-accused Pankaj Pandey @ Anand has been granted bail by a Co-ordinate Bench of this Court vide order dated 07.05.2025. 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- Anil Pandey Alias Deepu, 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 :- 5.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad