High Court · 2025

2. This is the second bail application moved on behalf of the applicant. Criminal Misc. First Bail Application No. 25645 of 2023 has been rejected by this Court vide order dated 11.07.2023.

3.Heard learned counsel for the applicant, learned A.G.A for the State, Sri Tarun Jha, learned counsel for the informant and perused the record.

4. The prosecution story in brief is that on 7.04.2023 at about 2:00 P.M., the informant's brother namely Mahendra Singh Ghosh was returning after dating from Tehsil Tehrauli, as soon as, he reached near canal culvert, the two accused persons namely Surjeet Singh alias Basant Ghosh, Tej Ram (applicant) along with two unknown persons stopped his motor cycle and had assaulted him with hammer and danda on his head and on the body, due to which, he fell down. The informant's nephew, namely, Pankaj who was going to Tehrauli, on the way, he saw all the accused persons were assaulting the informant's brother, thereafter they ran away after seeing the him. The injured Mahendra Singh was admitted in the hospital, who succumbed to injuries. The incident took place due to family partition.

5. Learned counsel for the applicant submits that the incident occurred on 17.04.2023 at about 14:00 hours whereas the F.I.R. has been lodged on 18.04.2023 at about 01:42 hours without there being any plausible explanation of such delay. He further submits that general role has been assigned to the named accused and the applicant. Learned counsel argued that the informant in the F.I.R. has averred that he along with his nephew were going towards Tehrauli on the way, they saw that the accused persons were assaulting his brother with hammer and danda whereas the patient history and examination record reveals that Tarun Arya, who got the deceased admitted in Saroj Hospital, has stated that local public called him and after providing bandage etc. from M.L.B. Medical College, came to Saroj Hopital. Learned counsel argued that had the informant was passing through the place of incident and saw his brother was being assaulted with hammer and danda, then he ought to have taken him to the hospital, which has not been done so by them, therefore the presence of the informant and his nephew at the place of incident become doubtful. Learned counsel further argued that after rejection of the first bail application, the trial commenced and during the course of trial the statement of P.W.1 was recorded who repeated his version as aforesatated and therefore the prosecution story cannot be believed by a man of ordinary prudence. Learned counsel has drawn attention of this Court to Annexure-4 to the affidavit accompanying the bail application, which is the death certificate of the deceased wherein it has been certified that the patient was admitted on 17.04.2023 at about 3:45 P.M., who expired on 18.04.2023 at about 07:00 A.M. whereas the medicolegal examination report shows that the deceased was medically examined on 17.04.2023 at about 04:53 P.M. at Maharani Laxmibai Medical College, Jhansi. It is thus argued that once the deceased was admitted in Saroj Hospital at about 03.45 P.M., who died on the next day at about 07:00 A.M. then how and under what circumstances the deceased was medically examined at 04:53 P.M. at Maharani Laxmi Bai Medical College, Jhansi, thus the prosecution story as levelled against the accused-applicant become doubtful. It is thus contended that the applicant is innocent and is entitled for bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 22.04.2023, having no criminal history.

6. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, however they could not dispute the submissions from record.

7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. Hence the bail application is allowed.

8. Let applicant Tejram alias Addu involved in Case Crime No. 61 of 2023 under Sections 302, 504, 506 I.P.C., Police Station Tehrauli, District Jhansi, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. F. The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance wit h law.

9. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 8.7.2025/S.Ali SHAUKAT ALI High Court of Judicature at Allahabad

2. This is the second bail application moved on behalf of the applicant. Criminal Misc. First Bail Application No. 25645 of 2023 has been rejected by this Court vide order dated 11.07.2023.

3.Heard learned counsel for the applicant, learned A.G.A for the State, Sri Tarun Jha, learned counsel for the informant and perused the record.

4. The prosecution story in brief is that on 7.04.2023 at about 2:00 P.M., the informant's brother namely Mahendra Singh Ghosh was returning after dating from Tehsil Tehrauli, as soon as, he reached near canal culvert, the two accused persons namely Surjeet Singh alias Basant Ghosh, Tej Ram (applicant) along with two unknown persons stopped his motor cycle and had assaulted him with hammer and danda on his head and on the body, due to which, he fell down. The informant's nephew, namely, Pankaj who was going to Tehrauli, on the way, he saw all the accused persons were assaulting the informant's brother, thereafter they ran away after seeing the him. The injured Mahendra Singh was admitted in the hospital, who succumbed to injuries. The incident took place due to family partition.

5. Learned counsel for the applicant submits that the incident occurred on 17.04.2023 at about 14:00 hours whereas the F.I.R. has been lodged on 18.04.2023 at about 01:42 hours without there being any plausible explanation of such delay. He further submits that general role has been assigned to the named accused and the applicant. Learned counsel argued that the informant in the F.I.R. has averred that he along with his nephew were going towards Tehrauli on the way, they saw that the accused persons were assaulting his brother with hammer and danda whereas the patient history and examination record reveals that Tarun Arya, who got the deceased admitted in Saroj Hospital, has stated that local public called him and after providing bandage etc. from M.L.B. Medical College, came to Saroj Hopital. Learned counsel argued that had the informant was passing through the place of incident and saw his brother was being assaulted with hammer and danda, then he ought to have taken him to the hospital, which has not been done so by them, therefore the presence of the informant and his nephew at the place of incident become doubtful. Learned counsel further argued that after rejection of the first bail application, the trial commenced and during the course of trial the statement of P.W.1 was recorded who repeated his version as aforesatated and therefore the prosecution story cannot be believed by a man of ordinary prudence. Learned counsel has drawn attention of this Court to Annexure-4 to the affidavit accompanying the bail application, which is the death certificate of the deceased wherein it has been certified that the patient was admitted on 17.04.2023 at about 3:45 P.M., who expired on 18.04.2023 at about 07:00 A.M. whereas the medicolegal examination report shows that the deceased was medically examined on 17.04.2023 at about 04:53 P.M. at Maharani Laxmibai Medical College, Jhansi. It is thus argued that once the deceased was admitted in Saroj Hospital at about 03.45 P.M., who died on the next day at about 07:00 A.M. then how and under what circumstances the deceased was medically examined at 04:53 P.M. at Maharani Laxmi Bai Medical College, Jhansi, thus the prosecution story as levelled against the accused-applicant become doubtful. It is thus contended that the applicant is innocent and is entitled for bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 22.04.2023, having no criminal history.

6. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, however they could not dispute the submissions from record.

7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. Hence the bail application is allowed.

8. Let applicant Tejram alias Addu involved in Case Crime No. 61 of 2023 under Sections 302, 504, 506 I.P.C., Police Station Tehrauli, District Jhansi, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. F. The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance wit h law.

9. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 8.7.2025/S.Ali SHAUKAT ALI High Court of Judicature at Allahabad