High Court · 2025

2. Heard Sri Kuldeep Singh Yadav, 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 439 Cr.P.C./483 of B.N.S.S. has been filed by the applicant Aman Mishra, seeking enlargement on bail during trial in connection with Case Crime No. 431 of 2024, under Section 304 I.P.C., registered at Police Station Ramgarh, District Firozabad.

4. The FIR of the matter was lodged on 30.06.2024 by Neelam Dixit under Sections 302, 120-B IPC against the applicant and four other persons alleging therein that her brother Bholey Mishra was the owner of a Bolero vehicle and used to run it on rent. On 24.06.2024 he went to the house of one Anuradha where at about 10:00 pm co-accused Inikesh Yadav called him and told him that he wants to vehicle for visiting Khatushyam on which he went there and then all the accused persons went with him. She called on his mobile many times which was not answered. In the night at about 10:0 pm police called the phone of her husband and told him that vehicle is parked at a place where a dead body in it which is of Bholey Mishra. On the said information she went there and found the dead body. The accused persons had given him excessive liquor due to which he became ill and died.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the deceased died a natural death. It is further submitted that the postmortem examination report shows that the deceased did not receive any external injury all over the body and the cause of death could not be ascertained and thus viscera was preserved. It is further submitted that the viscera of the deceased was found to contain alprazolam tranquilizer. It is submitted that a bottle of liquor was also recovered which was also sent to forensic science lab but there was no adulteration found in it and there was no poison but the material inside it was found to be ethyl alcohol. It is submitted that the present case was then converted into under Section 304 IPC. It is submitted that investigation in the present matter has concluded and a charge sheet has been submitted and as such there are no chances of the applicant tampering with evidence. It is further submitted that the applicant has no criminal history as stated in para 37 of the affidavit and is in jail since 28.01.2025.

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

7. After having heard learned counsels for the parties and perusing the records, it is evident that the deceased was not found to have received any bodily injury. The viscera report finds alprazolam tranquilizer in it. The bottle of liquor found does not contain any poison in it. The matter was initially registered under Sections 302, 120-B IPC but was then converted into under Section 304 IPC.

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 Aman Mishra, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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. Order Date :- 17.4.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Kuldeep Singh Yadav, 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 439 Cr.P.C./483 of B.N.S.S. has been filed by the applicant Aman Mishra, seeking enlargement on bail during trial in connection with Case Crime No. 431 of 2024, under Section 304 I.P.C., registered at Police Station Ramgarh, District Firozabad.

4. The FIR of the matter was lodged on 30.06.2024 by Neelam Dixit under Sections 302, 120-B IPC against the applicant and four other persons alleging therein that her brother Bholey Mishra was the owner of a Bolero vehicle and used to run it on rent. On 24.06.2024 he went to the house of one Anuradha where at about 10:00 pm co-accused Inikesh Yadav called him and told him that he wants to vehicle for visiting Khatushyam on which he went there and then all the accused persons went with him. She called on his mobile many times which was not answered. In the night at about 10:0 pm police called the phone of her husband and told him that vehicle is parked at a place where a dead body in it which is of Bholey Mishra. On the said information she went there and found the dead body. The accused persons had given him excessive liquor due to which he became ill and died.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the deceased died a natural death. It is further submitted that the postmortem examination report shows that the deceased did not receive any external injury all over the body and the cause of death could not be ascertained and thus viscera was preserved. It is further submitted that the viscera of the deceased was found to contain alprazolam tranquilizer. It is submitted that a bottle of liquor was also recovered which was also sent to forensic science lab but there was no adulteration found in it and there was no poison but the material inside it was found to be ethyl alcohol. It is submitted that the present case was then converted into under Section 304 IPC. It is submitted that investigation in the present matter has concluded and a charge sheet has been submitted and as such there are no chances of the applicant tampering with evidence. It is further submitted that the applicant has no criminal history as stated in para 37 of the affidavit and is in jail since 28.01.2025.

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

7. After having heard learned counsels for the parties and perusing the records, it is evident that the deceased was not found to have received any bodily injury. The viscera report finds alprazolam tranquilizer in it. The bottle of liquor found does not contain any poison in it. The matter was initially registered under Sections 302, 120-B IPC but was then converted into under Section 304 IPC.

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 Aman Mishra, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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. Order Date :- 17.4.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad