High Court · 2025

2. Heard Sri Bharat Singh, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Aarish Chaudhary, seeking enlargement on bail during trial in connection with Case Crime No.372 of 2024, u/s 140(1), 103(1), 3(5), 238 BNS, registered at P.S.Kotwali, District Budaun.

4. The FIR of the matter was lodged on 20.10.2024 by Nadeem against unknown person alleging therein that his father Shakir Ali was pharmacist in District Hospital. He went to the hospital yesterday at 10 a.m. by his car. He is missing since 15.10.2024. On 15.10.2024 in the evening he had a talk with his wife at about 6 p.m. after which he is missing. His phone is switched-off.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the FIR. Previously a missing report was lodged by the informant which was registered at G.D. No.31 on 17.10.2024 at 11.30 hours at police station Kotwali, District Budaun regarding his father missing. Even in the same the applicant is not named. Subsequently an application was given by the informant to the police on 6.11.2024 which is after about 16 days of lodging of the FIR in which the first informant has stated that the applicant, Ishrat Khatoon, Shahid, Nazma and Shahid Ali alias Bunty have kidnapped his father on account of property and money dispute but even therein suspicion has been levelled against them, on the basis of which the applicant has been made as an accused. It is further argued that prosecution story is not consistent inasmuch as then on 25.11.2024 the informant again gave an application in which apart from the previously named five accused persons including the applicant, he added more accused persons. There is no credible evidence against the applicant. It is argued that investigation in the matter has concluded and charge sheet dated 28.1.2025 has been submitted against the applicant and other co-accused persons, para 21 of the affidavit and annexure no.14 has been placed before the Court. It is further argued that there is no recovery either from the possession or on the pointing out of the applicant, para 31 of the affidavit in support of bail application has been placed before the Court. It is submitted that the dead- body of the deceased was thrown in Ganga river by the accused persons and the same was not recovered, para 33 of the affidavit in support of bail application has been placed before the Court. It is argued that the applicant has no motive to commit the alleged offence. There is no eye-witness to the alleged murder. It has also been pointed out that the applicant is not having any criminal history as stated in para 46 of the affidavit. The applicant is in jail since 6.11.2024.

6. Per contra learned counsel for the State opposed the prayer for bail but could not dispute regarding the factual aspects of the matter.

7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is not named in the FIR. There is no credible evidence against the applicant. The investigation in the matter has concluded. There is no recovery either from the possession or on the pointing out of the applicant. The dead-body of the deceased was not recovered. The applicant has no motive to commit the alleged offence. There is no eye-witness to the alleged murder.

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-Aarish Chaudhary, 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 she/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 her/him presence proclamation under section 84 BNSS, 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 her/him, in accordance with law, under section 209 BNS, 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 BNSS, 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 her/him in accordance with law and the trial court may proceed against her/him 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.

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 :- 13.5.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Bharat Singh, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Aarish Chaudhary, seeking enlargement on bail during trial in connection with Case Crime No.372 of 2024, u/s 140(1), 103(1), 3(5), 238 BNS, registered at P.S.Kotwali, District Budaun.

4. The FIR of the matter was lodged on 20.10.2024 by Nadeem against unknown person alleging therein that his father Shakir Ali was pharmacist in District Hospital. He went to the hospital yesterday at 10 a.m. by his car. He is missing since 15.10.2024. On 15.10.2024 in the evening he had a talk with his wife at about 6 p.m. after which he is missing. His phone is switched-off.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the FIR. Previously a missing report was lodged by the informant which was registered at G.D. No.31 on 17.10.2024 at 11.30 hours at police station Kotwali, District Budaun regarding his father missing. Even in the same the applicant is not named. Subsequently an application was given by the informant to the police on 6.11.2024 which is after about 16 days of lodging of the FIR in which the first informant has stated that the applicant, Ishrat Khatoon, Shahid, Nazma and Shahid Ali alias Bunty have kidnapped his father on account of property and money dispute but even therein suspicion has been levelled against them, on the basis of which the applicant has been made as an accused. It is further argued that prosecution story is not consistent inasmuch as then on 25.11.2024 the informant again gave an application in which apart from the previously named five accused persons including the applicant, he added more accused persons. There is no credible evidence against the applicant. It is argued that investigation in the matter has concluded and charge sheet dated 28.1.2025 has been submitted against the applicant and other co-accused persons, para 21 of the affidavit and annexure no.14 has been placed before the Court. It is further argued that there is no recovery either from the possession or on the pointing out of the applicant, para 31 of the affidavit in support of bail application has been placed before the Court. It is submitted that the dead- body of the deceased was thrown in Ganga river by the accused persons and the same was not recovered, para 33 of the affidavit in support of bail application has been placed before the Court. It is argued that the applicant has no motive to commit the alleged offence. There is no eye-witness to the alleged murder. It has also been pointed out that the applicant is not having any criminal history as stated in para 46 of the affidavit. The applicant is in jail since 6.11.2024.

6. Per contra learned counsel for the State opposed the prayer for bail but could not dispute regarding the factual aspects of the matter.

7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is not named in the FIR. There is no credible evidence against the applicant. The investigation in the matter has concluded. There is no recovery either from the possession or on the pointing out of the applicant. The dead-body of the deceased was not recovered. The applicant has no motive to commit the alleged offence. There is no eye-witness to the alleged murder.

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-Aarish Chaudhary, 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 she/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 her/him presence proclamation under section 84 BNSS, 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 her/him, in accordance with law, under section 209 BNS, 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 BNSS, 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 her/him in accordance with law and the trial court may proceed against her/him 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.

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 :- 13.5.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad