High Court · 2025

2. Heard Sri Abrar Ahmad Siddiqui, 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 439 of Code of Criminal Procedure has been filed by the applicant-Ram Babu @ Ram Singh @ Ram Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 268 of 2021, under Sections 366, 376, 343, 504 I.P.C., registered at Police Station- Shankargarh, District Prayagraj.

4. This is a second bail application. The first bail application of the applicant was rejected vide order dated 7.5.2022 passed by this Court passed in Criminal Misc. Bail Application No. 6309 of 2022.

5. Learned counsel for the applicant submitted that on 12.12.2024 the victim/prosecutrix of the present case has died and her testimony has not been recorded before the trial court. It is further submitted that Munna, the father of the victim has been examined before the trial court as P.W.1 who did not support the prosecution case and has been declared hostile.

6. While recording the same in the order dated 12.12.2024, learned counsel for the State was granted time to seek instructions for the same. Twice time was granted thereafter to learned counsel for the State on 27.2.2025 and 28.5.2025. Today learned counsel for the State submits that as per his instructions received, the victim/prosecutrix has died and further does not dispute the argument regarding the statement of P.W.1.

7. Learned counsel for the applicant has placed supplementary affidavit dated 20.8.2024 and while placing the statement of P.W.-1 Munna, the father of the victim has submitted that he has not supported the prosecution case and has been declared hostile. While placing another supplementary affidavit dated 14.1.2025, he has placed order dated 16.11.2023 of the trial court stating therein that a report regarding death of the victim has been filed. He has further placed page 8 of the said supplementary affidavit which is the report of the Village Pradhan of Gram Panchayat, Lakhanpur Vikas Khand Shankargarh, Prayagraj, certifying therein that the victim has died on 27.2.2022, as such now there is no credible evidence against the applicant. It has also been pointed out that the applicant is not having any criminal history as stated in para 21 of the affidavit. The applicant is in jail since 15.11.2021.

8. Per contra learned counsel for the State opposed the prayer for bail but could not dispute the arguments as raised by learned counsel for the applicant.

9. After hearing the counsel for the parties and perusing the record, it is evident that the victim/prosecutrix of the present case has died and her testimony has not been recorded before the trial court. Munna, the father of the victim has been examined before the trial court as P.W.1 who did not support the prosecution case and has been declared hostile.

10. Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone 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.

11. Let the applicant-Ram Babu @ Ram Singh @ Ram Kumar, 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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 21.8.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Abrar Ahmad Siddiqui, 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 439 of Code of Criminal Procedure has been filed by the applicant-Ram Babu @ Ram Singh @ Ram Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 268 of 2021, under Sections 366, 376, 343, 504 I.P.C., registered at Police Station- Shankargarh, District Prayagraj.

4. This is a second bail application. The first bail application of the applicant was rejected vide order dated 7.5.2022 passed by this Court passed in Criminal Misc. Bail Application No. 6309 of 2022.

5. Learned counsel for the applicant submitted that on 12.12.2024 the victim/prosecutrix of the present case has died and her testimony has not been recorded before the trial court. It is further submitted that Munna, the father of the victim has been examined before the trial court as P.W.1 who did not support the prosecution case and has been declared hostile.

6. While recording the same in the order dated 12.12.2024, learned counsel for the State was granted time to seek instructions for the same. Twice time was granted thereafter to learned counsel for the State on 27.2.2025 and 28.5.2025. Today learned counsel for the State submits that as per his instructions received, the victim/prosecutrix has died and further does not dispute the argument regarding the statement of P.W.1.

7. Learned counsel for the applicant has placed supplementary affidavit dated 20.8.2024 and while placing the statement of P.W.-1 Munna, the father of the victim has submitted that he has not supported the prosecution case and has been declared hostile. While placing another supplementary affidavit dated 14.1.2025, he has placed order dated 16.11.2023 of the trial court stating therein that a report regarding death of the victim has been filed. He has further placed page 8 of the said supplementary affidavit which is the report of the Village Pradhan of Gram Panchayat, Lakhanpur Vikas Khand Shankargarh, Prayagraj, certifying therein that the victim has died on 27.2.2022, as such now there is no credible evidence against the applicant. It has also been pointed out that the applicant is not having any criminal history as stated in para 21 of the affidavit. The applicant is in jail since 15.11.2021.

8. Per contra learned counsel for the State opposed the prayer for bail but could not dispute the arguments as raised by learned counsel for the applicant.

9. After hearing the counsel for the parties and perusing the record, it is evident that the victim/prosecutrix of the present case has died and her testimony has not been recorded before the trial court. Munna, the father of the victim has been examined before the trial court as P.W.1 who did not support the prosecution case and has been declared hostile.

10. Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone 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.

11. Let the applicant-Ram Babu @ Ram Singh @ Ram Kumar, 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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 21.8.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad