Budhram v. State of U.P. & Others', whereby this Court granted bail to the co

Learned counsel for the applicant states that since similar role has been assigned to the applicant and on the basis of principles of parity, present applicant may also be enlarged on bail. He has further submitted that the present applicant is not having any criminal history of any kind whatsoever.

6. On the other hand Sri Nikhil Singh, learned A.G.A. has shown a copy of the letter of Investigating Officer preferred to Additional Director, State Medico Legal Cell, Indira Nagar, Lucknow indicating therein that the specific opinion regarding injury of the deceased would be required. On such letter, the State Medico Legal Cell has given its opinion to the effect that: "If the fracture is of morrow deep, then there is seen clotted blood transported in the victim heart having finding of pale heart, never both chamber filled with clotted blood confirm there is accumulation of clot in the heart chamber that is originated from fracture area so, cause of the death is AM deep bony injury leading to cardio thrombo emolism, SHOCK."

7. Both the aforesaid letter and opinion are taken on record.

8. Learned A.G.A. has stated that on account of severe blow through blunt objects, the deceased died on account of clot in his heart chamber.

9. Learned counsel for applicant further submitted that charge- sheet has already been filed, there is no apprehension of absconding or tampering the evidence or witnesses.

10. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

11. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

12. Having heard counsel for the parties, perusing the material available on record and considering the fact that in the main F.I.R. as well as in the statement of witnesses, general allegations of assault and beating mercilessly have been levelled against all accused persons and no specific role has been attributed to anyone. Nothing incriminating has been recovered from the possession of the applicant. As per the prosecution story, all the accused persons were beating the victim (since deceased) through Bamboo Cane and sticks, however, victim received only two injuries i.e. one contusion and one abrasion. Therefore, without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that the co-accused person namely, Budhram, who has been assigned the similar role, has been enlarged on bail by this Court vide order dated 22.01.2025 in Criminal Misc. Bail Application No.482 of 2025, therefore, on the principle of parity the applicant is entitled to be released on bail in this case.

13. Bail application is allowed.

14. Let the applicant-Kamlesh, involved in aforesaid case crime be released on bail on her 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 shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) 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 the 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 of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 her in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned. Order Date :- 28.1.2025 Arti/- [Rajesh Singh Chauhan,J.] ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Learned counsel for the applicant states that since similar role has been assigned to the applicant and on the basis of principles of parity, present applicant may also be enlarged on bail. He has further submitted that the present applicant is not having any criminal history of any kind whatsoever.

6. On the other hand Sri Nikhil Singh, learned A.G.A. has shown a copy of the letter of Investigating Officer preferred to Additional Director, State Medico Legal Cell, Indira Nagar, Lucknow indicating therein that the specific opinion regarding injury of the deceased would be required. On such letter, the State Medico Legal Cell has given its opinion to the effect that: "If the fracture is of morrow deep, then there is seen clotted blood transported in the victim heart having finding of pale heart, never both chamber filled with clotted blood confirm there is accumulation of clot in the heart chamber that is originated from fracture area so, cause of the death is AM deep bony injury leading to cardio thrombo emolism, SHOCK."

7. Both the aforesaid letter and opinion are taken on record.

8. Learned A.G.A. has stated that on account of severe blow through blunt objects, the deceased died on account of clot in his heart chamber.

9. Learned counsel for applicant further submitted that charge- sheet has already been filed, there is no apprehension of absconding or tampering the evidence or witnesses.

10. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

11. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

12. Having heard counsel for the parties, perusing the material available on record and considering the fact that in the main F.I.R. as well as in the statement of witnesses, general allegations of assault and beating mercilessly have been levelled against all accused persons and no specific role has been attributed to anyone. Nothing incriminating has been recovered from the possession of the applicant. As per the prosecution story, all the accused persons were beating the victim (since deceased) through Bamboo Cane and sticks, however, victim received only two injuries i.e. one contusion and one abrasion. Therefore, without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that the co-accused person namely, Budhram, who has been assigned the similar role, has been enlarged on bail by this Court vide order dated 22.01.2025 in Criminal Misc. Bail Application No.482 of 2025, therefore, on the principle of parity the applicant is entitled to be released on bail in this case.

13. Bail application is allowed.

14. Let the applicant-Kamlesh, involved in aforesaid case crime be released on bail on her 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 shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) 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 the 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 of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 her in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned. Order Date :- 28.1.2025 Arti/- [Rajesh Singh Chauhan,J.] ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench