High Court · 2025

1. Heard Sri Sunil Dixit, learned counsel for the applicants, Sri Ashok Kumar Singh, learned AGA for the State and Sri Shishir Pradhan, Advocate who has appeared for opposite party no. 2 and has filed counter affidavit along with 'Power', same is taken on record.

2. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No. 103 of 2018, under Sections 304(2) IPC, Police Station - Unchahar, District - Raebareli.It has been submitted that the present applicants have falsely been implicated as they have not committed any offence as alleged.

3. Initially the F.I.R. was lodged in the year 2018 and after investigation the charge-sheet was filed wherein the present applicant was not named. Thereafter trial started. During the trial one application u/s 319 Cr.P.C. was filed and on such application the learned trial court summoned the present applicant and two other co-accused persons namely, Prabhat Trivedi and Vinay Trivedi.

4. Learned counsel has submitted that the aforesaid co- accused persons namely, Prabhat Trivedi and Vinay Trivedi appeared before the learned trial court and were sent to the judicial custody. Their bail has been granted by this Court on 4.11.2022 in Criminal Misc. Bail Application No. 12607 of 2022. In the aforesaid bail order this Court considered the contention of F.I.R. briefly, injuries, so received by the victim (since deceased) as well as the statement of one Dr. Mekhla Chattopadhyay who had given first aid to the deceased at NTPC Hospital. As per the statement of the doctor she had asked the victim as to how he received injuries, the victim (since deceased) himself informed that he fell down from the bus due to which he received injuries on his head. The relevant portion of the bail order is being reproduced herein below : "Learned counsel for the applicants submits that initially F.I.R. was lodged by the informant/ complainant against four persons including the present applicants, alleging therein that after attending marriage ceremony held at Sagun Guest House, N.T.P.C., Unchahar, Raebareli, when her husband was returning by Bus in the night along with other villagers and reached near Village Ram Sanda, then Prabhat Trivedi alias Nitin, Vinay Trivedi, Sanjay Trivedi and Bhanu Trivedi, named accused persons, stopped the Bus and started abusing and assaulting the bus driver, namely, Mahendra Singh, and when the husband of the informant tried to save the driver of the bus, then all the accused persons with a common intention assaulted her husband by iron rod, kicks and fists, on account of which he sustained grievous injuries on his body. The said incident was also seen by the villagers, Pramod Kumar Shukla, Sanjay Mishra, Kripa Shankar, etc., thereafter, husband of the informant was taken to N.T.P.C. Unchahar for treatment, from where he was referred to Trauma Centre, Lucknow, and during the course of treatment her husband died. Learned counsel for the applicant further submits that post mortem of the deceased was conducted on the same day, wherein cause of death of the deceased was found to be ante mortem head injury and according to the post mortem report following injuries were found on the person of the deceased: "(i) stitched wound of size 30 c.m. long along with thirty three stitches present on left side of head, semi circular in shape just above left ear; (ii) stitched wound of size 14 c.m. long along with eleven stitches present on right side of abdomen, just later to umbilicus. (iii) contusion of size 10.0 c.m. x 8.0 c.m. present on left side of head just above left ear." Learned counsel for the applicant further submits that during investigation the Investigating Officer recorded statements of informant and other independent eye witnesses, who in their statements have stated that the deceased fell down from the running bus due to which he received injuries on his head and he was immediately taken to the hospital for treatment and the deceased died due to rash driving and negligence of bus driver- Mahendra Singh. The Investigating Officer also recorded statement of Dr. Mekhla Chattopadhyaya, who had given first aid to the deceased at N.T.P.C. Hospital, wherein she has clearly stated that deceased himself informed her that he fell down from the bus due to which he received injuries on his head. After collecting all the oral and medical evidence, the Investigating Officer submitted chargesheet against bus driver-Mahendra Singh and submitted final report against all the accused persons including the applicants who are named in the F.I.R. " 5. Learned counsel has stated that there is no eye witness account of the incident in question and the charge-sheet was only filed against the conductor of the bus. Learned counsel has further submitted that the applicant could not appear before the learned trial court concerned pursuant to the order passed in an application filed u/s 319 Cr.P.C. on 16.8.2022. The N.B.W. has been issued against the present applicants, however, no proclamation has been issued. The present applicants were having no motive or intention to assault the victim (since deceased) as there was no enmity of any kind whatsoever between the parties. The present applicants are having no prior criminal history of any kind whatsoever. They are ready to cooperate in the trial proceedings. they are having their permanent address, therefore, there is no flight risk, therefore, in the light of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98 their liberty may be protected.

6. Per contra, learned AGA as well as Sri Pradhan, learned counsel for the informant, have opposed the aforesaid request by submitting that when the two co- accused persons having similar allegations have been enlarged on regular bail, the present applicants should approach the learned trial court by filing their regular bail. Sri Pradhan has further submitted that the statement of Dr. Mekhla Chattopadhyay may not be treated as an appropriate statement inasmuch as the victim (since deceased) was hospitalized in the hospital under unconscious condition, therefore, he could not have informed the doctor about the reasons to sustain injuries. However, this fact may be tested during the trial proceedings. Sri Pradhan has also stated that since the charge-sheet was not filed against the present applicants but their names surfaced, so it may not be said that there was no eye witness as this fact may also be tested during the trial proceedings.

7. Having considered the arguments of the learned counsel for the parties and having perused the material available on record since the present applicants have been summoned invoking power u/s 319 Cr.P.C. as no charge-sheet has been filed against them, the doctor who had given first aid to the injured (since deceased) has recorded his statement which prima facie supports the present applicants at this state, there is no eye witness account, there is no prior enmity between the parties, there is no prima facie motive or intention of the present applicants to assault the victim (since deceased), co- accused persons have been enlarged on bail by the detailed order of this Court dated 4.11.2022,the undertaking of the applicants that they shall cooperate in the trial proceedings, I find it appropriate that liberty of the present applicants may be protected till conclusion of proceedings in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra).

8. Accordingly, the anticipatory bail application is allowed.

9. it is directed that in the event of arrest, applicants- Sanjay Trivedi and Bhanu Trivedi, shall be released on anticipatory bail in the aforesaid case crime number on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. the present applicants shall appear before the court concerned within 15 days from today or the date fixed whichever is earlier to cooperate in the trial proceedings and they shall not misuse the liberty of bail, failing which this protection may be withdrawn. II. that the applicants 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; III. that the applicants shall not leave India without the previous permission of the court; IV. that the applicants shall not pressurize/ intimidate the prosecution witness; V. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted. . [Rajesh Singh Chauhan, J.] Order Date :- 21.1.2025 Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Sunil Dixit, learned counsel for the applicants, Sri Ashok Kumar Singh, learned AGA for the State and Sri Shishir Pradhan, Advocate who has appeared for opposite party no. 2 and has filed counter affidavit along with 'Power', same is taken on record.

2. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No. 103 of 2018, under Sections 304(2) IPC, Police Station - Unchahar, District - Raebareli.It has been submitted that the present applicants have falsely been implicated as they have not committed any offence as alleged.

3. Initially the F.I.R. was lodged in the year 2018 and after investigation the charge-sheet was filed wherein the present applicant was not named. Thereafter trial started. During the trial one application u/s 319 Cr.P.C. was filed and on such application the learned trial court summoned the present applicant and two other co-accused persons namely, Prabhat Trivedi and Vinay Trivedi.

4. Learned counsel has submitted that the aforesaid co- accused persons namely, Prabhat Trivedi and Vinay Trivedi appeared before the learned trial court and were sent to the judicial custody. Their bail has been granted by this Court on 4.11.2022 in Criminal Misc. Bail Application No. 12607 of 2022. In the aforesaid bail order this Court considered the contention of F.I.R. briefly, injuries, so received by the victim (since deceased) as well as the statement of one Dr. Mekhla Chattopadhyay who had given first aid to the deceased at NTPC Hospital. As per the statement of the doctor she had asked the victim as to how he received injuries, the victim (since deceased) himself informed that he fell down from the bus due to which he received injuries on his head. The relevant portion of the bail order is being reproduced herein below : "Learned counsel for the applicants submits that initially F.I.R. was lodged by the informant/ complainant against four persons including the present applicants, alleging therein that after attending marriage ceremony held at Sagun Guest House, N.T.P.C., Unchahar, Raebareli, when her husband was returning by Bus in the night along with other villagers and reached near Village Ram Sanda, then Prabhat Trivedi alias Nitin, Vinay Trivedi, Sanjay Trivedi and Bhanu Trivedi, named accused persons, stopped the Bus and started abusing and assaulting the bus driver, namely, Mahendra Singh, and when the husband of the informant tried to save the driver of the bus, then all the accused persons with a common intention assaulted her husband by iron rod, kicks and fists, on account of which he sustained grievous injuries on his body. The said incident was also seen by the villagers, Pramod Kumar Shukla, Sanjay Mishra, Kripa Shankar, etc., thereafter, husband of the informant was taken to N.T.P.C. Unchahar for treatment, from where he was referred to Trauma Centre, Lucknow, and during the course of treatment her husband died. Learned counsel for the applicant further submits that post mortem of the deceased was conducted on the same day, wherein cause of death of the deceased was found to be ante mortem head injury and according to the post mortem report following injuries were found on the person of the deceased: "(i) stitched wound of size 30 c.m. long along with thirty three stitches present on left side of head, semi circular in shape just above left ear; (ii) stitched wound of size 14 c.m. long along with eleven stitches present on right side of abdomen, just later to umbilicus. (iii) contusion of size 10.0 c.m. x 8.0 c.m. present on left side of head just above left ear." Learned counsel for the applicant further submits that during investigation the Investigating Officer recorded statements of informant and other independent eye witnesses, who in their statements have stated that the deceased fell down from the running bus due to which he received injuries on his head and he was immediately taken to the hospital for treatment and the deceased died due to rash driving and negligence of bus driver- Mahendra Singh. The Investigating Officer also recorded statement of Dr. Mekhla Chattopadhyaya, who had given first aid to the deceased at N.T.P.C. Hospital, wherein she has clearly stated that deceased himself informed her that he fell down from the bus due to which he received injuries on his head. After collecting all the oral and medical evidence, the Investigating Officer submitted chargesheet against bus driver-Mahendra Singh and submitted final report against all the accused persons including the applicants who are named in the F.I.R. " 5. Learned counsel has stated that there is no eye witness account of the incident in question and the charge-sheet was only filed against the conductor of the bus. Learned counsel has further submitted that the applicant could not appear before the learned trial court concerned pursuant to the order passed in an application filed u/s 319 Cr.P.C. on 16.8.2022. The N.B.W. has been issued against the present applicants, however, no proclamation has been issued. The present applicants were having no motive or intention to assault the victim (since deceased) as there was no enmity of any kind whatsoever between the parties. The present applicants are having no prior criminal history of any kind whatsoever. They are ready to cooperate in the trial proceedings. they are having their permanent address, therefore, there is no flight risk, therefore, in the light of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98 their liberty may be protected.

6. Per contra, learned AGA as well as Sri Pradhan, learned counsel for the informant, have opposed the aforesaid request by submitting that when the two co- accused persons having similar allegations have been enlarged on regular bail, the present applicants should approach the learned trial court by filing their regular bail. Sri Pradhan has further submitted that the statement of Dr. Mekhla Chattopadhyay may not be treated as an appropriate statement inasmuch as the victim (since deceased) was hospitalized in the hospital under unconscious condition, therefore, he could not have informed the doctor about the reasons to sustain injuries. However, this fact may be tested during the trial proceedings. Sri Pradhan has also stated that since the charge-sheet was not filed against the present applicants but their names surfaced, so it may not be said that there was no eye witness as this fact may also be tested during the trial proceedings.

7. Having considered the arguments of the learned counsel for the parties and having perused the material available on record since the present applicants have been summoned invoking power u/s 319 Cr.P.C. as no charge-sheet has been filed against them, the doctor who had given first aid to the injured (since deceased) has recorded his statement which prima facie supports the present applicants at this state, there is no eye witness account, there is no prior enmity between the parties, there is no prima facie motive or intention of the present applicants to assault the victim (since deceased), co- accused persons have been enlarged on bail by the detailed order of this Court dated 4.11.2022,the undertaking of the applicants that they shall cooperate in the trial proceedings, I find it appropriate that liberty of the present applicants may be protected till conclusion of proceedings in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra).

8. Accordingly, the anticipatory bail application is allowed.

9. it is directed that in the event of arrest, applicants- Sanjay Trivedi and Bhanu Trivedi, shall be released on anticipatory bail in the aforesaid case crime number on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. the present applicants shall appear before the court concerned within 15 days from today or the date fixed whichever is earlier to cooperate in the trial proceedings and they shall not misuse the liberty of bail, failing which this protection may be withdrawn. II. that the applicants 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; III. that the applicants shall not leave India without the previous permission of the court; IV. that the applicants shall not pressurize/ intimidate the prosecution witness; V. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted. . [Rajesh Singh Chauhan, J.] Order Date :- 21.1.2025 Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench