State of U.P v. Party

2. Heard Sri Mayank Yadav, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Vakalatnama of Sri Mahendra Singh is not on record despite his name being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ramveer, seeking enlargement on bail during trial in connection with Case Crime No. 133 of 2025, under Sections 109(1), 115(2), 352, 351(3), 103(1), 3(5) BNS, registered at Police Station Rajpura, District Sambhal.

5. The FIR of the matter was lodged on 28.05.2025 by Hoshiyar under Sections 109(1), 115(2), 352, 351(3), BNS against the applicant, Bhodal, Suresh and Pushpendra alleging therein that on 28.05.2025 at about 06:00 am the accused persons who had enmity with him tried to fill the disputed land on which his father Triloki opposed it and tried to stop them wherein the accused persons while abusing him and assaulted him with lathi and danda due to which his father received injuries on various parts of the body. Smt. Bhuri Devi tried to intervene and stop them who was also assaulted and received injuries. The accused persons while threatening ran away. His father and mother were taken to the hospital by Ambulance and have been admitted there. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that in the present case Triloki is the deceased who died on 05.06.2025 at about 08:32 am in TMU Hospital, Moradabad. It is submitted that Smt. Bhuri Devi wife of 2 BAIL No. 28110 of 2025 the deceased is the alleged injured. It is submitted that Smt. Bhuri Devi while being interrogated during investigation has stated about the prosecution case and further stated that co-accused Suresh assaulted her husband on his head with danda due to which he received injuries and blood was oozing out. It is submitted that common and general role has been assigned to all the accused persons in the FIR and in the statement of Smt. Bhuri Devi. While placing the injuries of Smt. Bhuri Devi it is submitted that she was found to have received one red contusion on the back knee and another red contusion on the left buttok and the said injuries were opined to be simple in nature. Further while placing the injury of Triloki it is submitted that although the doctor has found 12 injuries on his person out to which two injuries were on his head and haematoma was present there but two injuries being injury Nos. 10 and 12 on the side fronto pareital region were surgical injuries and the cause of death was coma due to antemortem head injury. It is submitted that the author of the fatal injury has been stated by Smt. Bhuri Devi as co- accused Suresh. It is submitted that the case of the applicant is thus distinguishable with that of co-accused Suresh. It is further submitted that there is no recovery from the possession of the applicant or his pointing out, para 15 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 03.06.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations against him.

8. After having heard learned counsels for the parties and perusing the records, it is evident that Smt. Bhuri Devi the injured has assigned the role of assault on the head of the deceased Triloki on co-accused Suresh. The case of the applicant is thus distinguishable with that of co-accused Suresh. Common and general role has been assigned in the FIR to the applicant and three other co-accused persons.

9. 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.

10. Let the applicant Ramveer, 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 3 BAIL No. 28110 of 2025 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 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 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 him in accordance with law and the trial court may proceed against 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. October 6, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Mayank Yadav, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Vakalatnama of Sri Mahendra Singh is not on record despite his name being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ramveer, seeking enlargement on bail during trial in connection with Case Crime No. 133 of 2025, under Sections 109(1), 115(2), 352, 351(3), 103(1), 3(5) BNS, registered at Police Station Rajpura, District Sambhal.

5. The FIR of the matter was lodged on 28.05.2025 by Hoshiyar under Sections 109(1), 115(2), 352, 351(3), BNS against the applicant, Bhodal, Suresh and Pushpendra alleging therein that on 28.05.2025 at about 06:00 am the accused persons who had enmity with him tried to fill the disputed land on which his father Triloki opposed it and tried to stop them wherein the accused persons while abusing him and assaulted him with lathi and danda due to which his father received injuries on various parts of the body. Smt. Bhuri Devi tried to intervene and stop them who was also assaulted and received injuries. The accused persons while threatening ran away. His father and mother were taken to the hospital by Ambulance and have been admitted there. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that in the present case Triloki is the deceased who died on 05.06.2025 at about 08:32 am in TMU Hospital, Moradabad. It is submitted that Smt. Bhuri Devi wife of 2 BAIL No. 28110 of 2025 the deceased is the alleged injured. It is submitted that Smt. Bhuri Devi while being interrogated during investigation has stated about the prosecution case and further stated that co-accused Suresh assaulted her husband on his head with danda due to which he received injuries and blood was oozing out. It is submitted that common and general role has been assigned to all the accused persons in the FIR and in the statement of Smt. Bhuri Devi. While placing the injuries of Smt. Bhuri Devi it is submitted that she was found to have received one red contusion on the back knee and another red contusion on the left buttok and the said injuries were opined to be simple in nature. Further while placing the injury of Triloki it is submitted that although the doctor has found 12 injuries on his person out to which two injuries were on his head and haematoma was present there but two injuries being injury Nos. 10 and 12 on the side fronto pareital region were surgical injuries and the cause of death was coma due to antemortem head injury. It is submitted that the author of the fatal injury has been stated by Smt. Bhuri Devi as co- accused Suresh. It is submitted that the case of the applicant is thus distinguishable with that of co-accused Suresh. It is further submitted that there is no recovery from the possession of the applicant or his pointing out, para 15 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 03.06.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations against him.

8. After having heard learned counsels for the parties and perusing the records, it is evident that Smt. Bhuri Devi the injured has assigned the role of assault on the head of the deceased Triloki on co-accused Suresh. The case of the applicant is thus distinguishable with that of co-accused Suresh. Common and general role has been assigned in the FIR to the applicant and three other co-accused persons.

9. 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.

10. Let the applicant Ramveer, 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 3 BAIL No. 28110 of 2025 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 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 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 him in accordance with law and the trial court may proceed against 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. October 6, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad