High Court · 2025

4. The first information report of the present matter was lodged on

06.10.2024 by Ved Prakash against Karan Singh, Raja @ Shani and Ram Babu alleging therein that his daughter was married to Karan Singh in the year, 2018 but her in-laws were not happy and used to torture and assault her. They had thrown her out from the house and, thereafter, she was living in her parental house. After sorting out the dispute on phone, she started living in the city in a rented room, where they used to visit. The accused persons assaulted his daughter which was told by her many times. On

04.10.2024, they assaulted her daughter and murdered her and threw her out near Chauferwa. Hence, 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 the applicant is not named in the first information report. It is further submitted that a report under Section 193 B.N.S.S. dated

08.12.2024 has been filed against the applicant only for an offence under Section 103(1) B.N.S., 2023 whereas Karan Singh, Ram @ Shani and Ram Babu have been exonerated from the present matter. It is submitted that the implication of applicant in the present matter has surfaced for the first time in the statement of witnesses Prem Singh Yadav and Charan Singh during investigation but even therein the said witnesses have stated of only suspicion against the applicant whereas there is no credible evidence against the applicant. It is submitted that no incriminating material has been recovered from the possession of the applicant, the said fact has been mentioned in para 43 of the affidavit. It is further submitted that there is no cogent evidence against the applicant. It is further submitted while placing paragraph 37 of the affidavit that the applicant was previously involved in one criminal case but the proceedings of the said case have been quashed vide order dated 06.03.2024 passed in Criminal Misc. Application U/s 482 Cr.P.C. No. 37054 of 2023 (Ram Chandra and 2 others vs. State of U.P. and 2 others) by a Co-ordinate Bench of this Court, copy of the said order has been placed before this Court as annexure-15 to this affidavit. The applicant is in jail since

12.10.2024.

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 applicant is not named in the F.I.R. The F.I.R. has been lodged against the accused persons but during investigation, the name of the applicant has surfaced. The named accused persons have been exonerated during investigation. The charge sheet has been submitted only against the applicant.

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- Babu Singh Yadav @ Mulayam 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 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.

12. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 7.4.2025 Manoj MANOJ KUMAR YADAV High Court of Judicature at Allahabad

4. The first information report of the present matter was lodged on

06.10.2024 by Ved Prakash against Karan Singh, Raja @ Shani and Ram Babu alleging therein that his daughter was married to Karan Singh in the year, 2018 but her in-laws were not happy and used to torture and assault her. They had thrown her out from the house and, thereafter, she was living in her parental house. After sorting out the dispute on phone, she started living in the city in a rented room, where they used to visit. The accused persons assaulted his daughter which was told by her many times. On

04.10.2024, they assaulted her daughter and murdered her and threw her out near Chauferwa. Hence, 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 the applicant is not named in the first information report. It is further submitted that a report under Section 193 B.N.S.S. dated

08.12.2024 has been filed against the applicant only for an offence under Section 103(1) B.N.S., 2023 whereas Karan Singh, Ram @ Shani and Ram Babu have been exonerated from the present matter. It is submitted that the implication of applicant in the present matter has surfaced for the first time in the statement of witnesses Prem Singh Yadav and Charan Singh during investigation but even therein the said witnesses have stated of only suspicion against the applicant whereas there is no credible evidence against the applicant. It is submitted that no incriminating material has been recovered from the possession of the applicant, the said fact has been mentioned in para 43 of the affidavit. It is further submitted that there is no cogent evidence against the applicant. It is further submitted while placing paragraph 37 of the affidavit that the applicant was previously involved in one criminal case but the proceedings of the said case have been quashed vide order dated 06.03.2024 passed in Criminal Misc. Application U/s 482 Cr.P.C. No. 37054 of 2023 (Ram Chandra and 2 others vs. State of U.P. and 2 others) by a Co-ordinate Bench of this Court, copy of the said order has been placed before this Court as annexure-15 to this affidavit. The applicant is in jail since

12.10.2024.

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 applicant is not named in the F.I.R. The F.I.R. has been lodged against the accused persons but during investigation, the name of the applicant has surfaced. The named accused persons have been exonerated during investigation. The charge sheet has been submitted only against the applicant.

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- Babu Singh Yadav @ Mulayam 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 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.

12. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 7.4.2025 Manoj MANOJ KUMAR YADAV High Court of Judicature at Allahabad