State of U.P v. Party

3. Heard Sri Laxami Pati, learned counsel for the applicant, Sri Ankit Tiwari, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

4. Vakalatnama of Sri Ankit Tiwari 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.

5. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Najim, seeking enlargement on bail during trial in connection with Case Crime No. 139 of 2025, under Section 108 BNS, registered at Police Station Saroorpur, District Meerut.

6. The FIR of the matter was lodged on 09.05.2025 by Anish against the applicant, Sahiba and Kallo alleging therein that Smt. Sahiba the wife of his brother Mursaleen was having illicit relationship with Najim a resident of the same locality which came to be known to his brother on which he objected to it and then Sahiba and Najim along with Kallo together on 18.02.2025 at about 01:00 pm gave poison to his brother and detained him in the house. On getting information about it, his family members took him to Meerut for treatment but on the way Mursaleen died. Previously he did not come to know of the same and thus he did not come at the police station to lodge the report. His report be lodged and action be taken. 2 BAIL No. 29878 of 2025

7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that after the death of the deceased, Noor Mohammad gave an application to the police on 18.02.2025 stating therein that his nephew Mursaleen has died under mysterious circumstances and his panchayatnama and postmortem be conducted, the same is annexed as annexeure 1 to the affidavit. It is submitted that on the said information, inquest on the body of the deceased was conducted and subsequently his postmortem examination was also done. It is submitted that the doctor conducting the postmortem did not find any external injury over the body and even no internal injury was found and thus the cause of death could not be ascertained and viscera was preserved which was sent to the FSL for Chemical Analysis. It is further submitted that after examination the viscera was found to contain Sulphas poison. It is submitted that subsequently Anish the first informant of the present matter had moved an application dated 19.03.2025 under Section 173(4) BNSS before the Court of the Chief Judicial Magistrate, Meerut which was filed on 19.03.2025 and a number was allotted to it and the same remained pending but during pendency of the said application, the present FIR has been lodged. It is submitted that the investigation in the matter has concluded and charge sheet has been submitted against Sahiba and Najim the present applicant whereas Kallo named accused has been exonerated and her name has been mentioned in column No. 12 of the charge sheet amongst the accused persons not charge sheeted. It is submitted that since the investigation has concluded there are no chances of the applicant tampering with evidence or threatening the witnesses. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is further submitted that there is an inordinate delay in lodging of the First Information Report. It is submitted that the applicant has a criminal history of two cases in which he has been granted bail, para 33 of the affidavit has been placed before the Court. The applicant is in jail since 18.07.2025.

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

9. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is stated to be having illicit relationship with Smt. Sahiba the wife of the deceased Mursaleen. The case of the prosecution is that the deceased had objected to the said relationship and he was given poison by three accused persons. One of the accused named in the FIR namely Smt. Kallo has been exonerated during investigation. The investigation has concluded and a charge sheet has been submitted. The First Information Report has been lodged after a 3 BAIL No. 29878 of 2025 delay of about 2 months and 21 days of the incident. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

10. 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.

11. Let the applicant Najim, 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 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 4 BAIL No. 29878 of 2025 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. October 6, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

3. Heard Sri Laxami Pati, learned counsel for the applicant, Sri Ankit Tiwari, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

4. Vakalatnama of Sri Ankit Tiwari 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.

5. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Najim, seeking enlargement on bail during trial in connection with Case Crime No. 139 of 2025, under Section 108 BNS, registered at Police Station Saroorpur, District Meerut.

6. The FIR of the matter was lodged on 09.05.2025 by Anish against the applicant, Sahiba and Kallo alleging therein that Smt. Sahiba the wife of his brother Mursaleen was having illicit relationship with Najim a resident of the same locality which came to be known to his brother on which he objected to it and then Sahiba and Najim along with Kallo together on 18.02.2025 at about 01:00 pm gave poison to his brother and detained him in the house. On getting information about it, his family members took him to Meerut for treatment but on the way Mursaleen died. Previously he did not come to know of the same and thus he did not come at the police station to lodge the report. His report be lodged and action be taken. 2 BAIL No. 29878 of 2025

7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that after the death of the deceased, Noor Mohammad gave an application to the police on 18.02.2025 stating therein that his nephew Mursaleen has died under mysterious circumstances and his panchayatnama and postmortem be conducted, the same is annexed as annexeure 1 to the affidavit. It is submitted that on the said information, inquest on the body of the deceased was conducted and subsequently his postmortem examination was also done. It is submitted that the doctor conducting the postmortem did not find any external injury over the body and even no internal injury was found and thus the cause of death could not be ascertained and viscera was preserved which was sent to the FSL for Chemical Analysis. It is further submitted that after examination the viscera was found to contain Sulphas poison. It is submitted that subsequently Anish the first informant of the present matter had moved an application dated 19.03.2025 under Section 173(4) BNSS before the Court of the Chief Judicial Magistrate, Meerut which was filed on 19.03.2025 and a number was allotted to it and the same remained pending but during pendency of the said application, the present FIR has been lodged. It is submitted that the investigation in the matter has concluded and charge sheet has been submitted against Sahiba and Najim the present applicant whereas Kallo named accused has been exonerated and her name has been mentioned in column No. 12 of the charge sheet amongst the accused persons not charge sheeted. It is submitted that since the investigation has concluded there are no chances of the applicant tampering with evidence or threatening the witnesses. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is further submitted that there is an inordinate delay in lodging of the First Information Report. It is submitted that the applicant has a criminal history of two cases in which he has been granted bail, para 33 of the affidavit has been placed before the Court. The applicant is in jail since 18.07.2025.

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

9. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is stated to be having illicit relationship with Smt. Sahiba the wife of the deceased Mursaleen. The case of the prosecution is that the deceased had objected to the said relationship and he was given poison by three accused persons. One of the accused named in the FIR namely Smt. Kallo has been exonerated during investigation. The investigation has concluded and a charge sheet has been submitted. The First Information Report has been lodged after a 3 BAIL No. 29878 of 2025 delay of about 2 months and 21 days of the incident. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

10. 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.

11. Let the applicant Najim, 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 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 4 BAIL No. 29878 of 2025 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. October 6, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad