State of U.P v. Party

2. Heard Sri Vinod Singh, learned counsel for the applicant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Rizwan Alias Tarjan, seeking enlargement on bail during trial in connection with Case Crime No.153 of 2023, under Section(s) 364, 302, 34 I.P.C. registered at P.S. Shahjadnagar, District- Rampur.

4. The F.I.R. of the matter was lodged on 07.10.2023 by Aasim @ Munne against Imran@ Dandi Baba alleging therein that on 6.10.2023 at about

7.30 p.m. Imran@Dandi Baba came to his house and took his elder brother Shadab on motorcycle. He was seen going by his cousin brother Sameer and Sibtanavi a neighbour. He did not return back till 11.00 p.m. after which Imram @Dandi Baba was called on his phone and inquired about Shadab on which he stated that he does not know his whereabouts. In the night he was searched and in the morning at about 09:00 a.m. his dead body was found near railway line in the jungle having injuries on the body. He has suspicion that Imran@Dandi Baba has murdered his brother and thrown his dead body.

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 2 BAIL No. 25352 of 2025 not named in the F.I.R. and implication of the applicant has surfaced in the present matter in the confessional statement of co-accused Imran @ Dandi Baba. After he was arrested on 08.10.2023 police has shown recovery of Rs.25,000/- from the possession of the applicant but the same is a false recovery. It is further submitted that trial in the matter has started in which Shahnawaj has been examined as P.W.1, Smt. Momina the wife of the deceased has been examined as P.W.-2, Naseem the brother of the deceased has been examined as P.W.3 and Manish Kumar Manager, Punjab National Bank, Rampur, has been examined as P.W.-4 amongst whom the P.W.-2 and the P.W-3 have not supported the prosecution case and have been declared hostile, the statements of the said witnesses have been placed before the Court which are annexed as annexure no. S.A. 2 to the supplementary affidavit dated 27.7.2025, which is already on the record. It is submitted that the present case is a case of circumstantial evidence and there is no eye witness to the incident. It is submitted that implication of the applicant is on the basis of inadmissible evidence. It is argued that the applicant has no other criminal antecedents as stated in para- 36 of the affidavit and is in jail since

08.10.2023.

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

7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R. His implication in the matter has surfaced during investigation in the confessional statement of co-accused Imran @ Dandi Baba. The wife of the deceased and the brother of the deceased have been declared hostile before the trial court while being examined as P.W.2 and P.W.3 respectively.

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- Rizwan Alias Tarjan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two 3 BAIL No. 25352 of 2025 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 4 BAIL No. 25352 of 2025 applicant to prison.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. September 25, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Vinod Singh, learned counsel for the applicant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Rizwan Alias Tarjan, seeking enlargement on bail during trial in connection with Case Crime No.153 of 2023, under Section(s) 364, 302, 34 I.P.C. registered at P.S. Shahjadnagar, District- Rampur.

4. The F.I.R. of the matter was lodged on 07.10.2023 by Aasim @ Munne against Imran@ Dandi Baba alleging therein that on 6.10.2023 at about

7.30 p.m. Imran@Dandi Baba came to his house and took his elder brother Shadab on motorcycle. He was seen going by his cousin brother Sameer and Sibtanavi a neighbour. He did not return back till 11.00 p.m. after which Imram @Dandi Baba was called on his phone and inquired about Shadab on which he stated that he does not know his whereabouts. In the night he was searched and in the morning at about 09:00 a.m. his dead body was found near railway line in the jungle having injuries on the body. He has suspicion that Imran@Dandi Baba has murdered his brother and thrown his dead body.

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 2 BAIL No. 25352 of 2025 not named in the F.I.R. and implication of the applicant has surfaced in the present matter in the confessional statement of co-accused Imran @ Dandi Baba. After he was arrested on 08.10.2023 police has shown recovery of Rs.25,000/- from the possession of the applicant but the same is a false recovery. It is further submitted that trial in the matter has started in which Shahnawaj has been examined as P.W.1, Smt. Momina the wife of the deceased has been examined as P.W.-2, Naseem the brother of the deceased has been examined as P.W.3 and Manish Kumar Manager, Punjab National Bank, Rampur, has been examined as P.W.-4 amongst whom the P.W.-2 and the P.W-3 have not supported the prosecution case and have been declared hostile, the statements of the said witnesses have been placed before the Court which are annexed as annexure no. S.A. 2 to the supplementary affidavit dated 27.7.2025, which is already on the record. It is submitted that the present case is a case of circumstantial evidence and there is no eye witness to the incident. It is submitted that implication of the applicant is on the basis of inadmissible evidence. It is argued that the applicant has no other criminal antecedents as stated in para- 36 of the affidavit and is in jail since

08.10.2023.

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

7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R. His implication in the matter has surfaced during investigation in the confessional statement of co-accused Imran @ Dandi Baba. The wife of the deceased and the brother of the deceased have been declared hostile before the trial court while being examined as P.W.2 and P.W.3 respectively.

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- Rizwan Alias Tarjan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two 3 BAIL No. 25352 of 2025 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 4 BAIL No. 25352 of 2025 applicant to prison.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. September 25, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad