High Court · 2025

1. Heard Sri Vimlesh Chandra, learned counsel for the applicants and Sri Ashok Kumar Singh, learned A.G.A. for the State.

2. As per learned counsel for the applicants, the present applicants are in jail since 05.12.2024 in Case Crime No.461 of 2024, under Sections 115 (2), 351(3) & 105 of B.N.S., Police Station – Atrauli, District – Hardoi.

3. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in the case as they have not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which was lodged on 23.11.2024 for the alleged incident dated 20.11.2024 without explaining the delay. In the FIR, general allegation of assault and beating has been attributed to all accused persons including the present applicant and no specific role has been assigned to the present applicants. The prosecution story is false and misconceived and the present applicants, who are real brothers, have been implicated for the reason that the deceased had hit the stall (Thela) of their brother accused no.2- Chauhan. Their brother was running the business of selling out boiled eggs and on account of such hit, so many eggs were damaged. On account of aforesaid reason, sudden fight started wherein the deceased might have received some injury. As per the prosecution story, the incident took place on 20.11.2024 and since the deceased had not received any serious injury, therefore, he did not approach the Doctor but on 21.11.2024, on account of some pain, his family members took him to one Government Hospital at Bharawan, from where he was referred to Balrampur Hospital, Lucknow and he died while taking treatment on 22.11.2024. Cause of death is septicemia due to ante-mortem injuries. Learned counsel has also submitted that out of ten accused persons, there is one accused person in the name of Ram Krishna against whom the allegation has been levelled in the FIR and also in the statement of the witnesses but said person Ram Krishna had died much earlier before the incident in question.

4. He has further submitted that charge sheet has been filed and the applicants are having no prior criminal history of any kind whatsoever. He further submits that the applicants undertake that they shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicants shall abide by all terms and conditions of the bail order.

5. Learned A.G.A has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicants.

6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that general allegation of assault and beating has been attributed to all accused persons including the present applicant and no specific role has been assigned to the present applicants; delay in lodging the FIR has not been explained; the present applicants have been implicated for the reason that the deceased had hit the stall (Thela) of their brother accused no.2- Chauhan, resultant thereof sudden fight started wherein the deceased might have received some injury; cause of death is septicemia due to ante-mortem injuries; out of ten accused persons, there is one accused person in the name of Ram Krishna against whom the allegation has been levelled in the FIR and also in the statement of the witnesses but said person Ram Krishna had died much earlier before the incident in question; the applicants are having no prior criminal history of any kind whatsoever and undertaking of the applicants that they shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicants on bail.

7. Accordingly, the bail application is allowed.

8. Let applicants- Mayaram and Shiva be released on bail in the aforesaid case crime number on both of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicants 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 351 of the B.N.S.S., 2023. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. (v) The applicants shall not leave India without previous permission of the court. Order Date :- 6.3.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Vimlesh Chandra, learned counsel for the applicants and Sri Ashok Kumar Singh, learned A.G.A. for the State.

2. As per learned counsel for the applicants, the present applicants are in jail since 05.12.2024 in Case Crime No.461 of 2024, under Sections 115 (2), 351(3) & 105 of B.N.S., Police Station – Atrauli, District – Hardoi.

3. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in the case as they have not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which was lodged on 23.11.2024 for the alleged incident dated 20.11.2024 without explaining the delay. In the FIR, general allegation of assault and beating has been attributed to all accused persons including the present applicant and no specific role has been assigned to the present applicants. The prosecution story is false and misconceived and the present applicants, who are real brothers, have been implicated for the reason that the deceased had hit the stall (Thela) of their brother accused no.2- Chauhan. Their brother was running the business of selling out boiled eggs and on account of such hit, so many eggs were damaged. On account of aforesaid reason, sudden fight started wherein the deceased might have received some injury. As per the prosecution story, the incident took place on 20.11.2024 and since the deceased had not received any serious injury, therefore, he did not approach the Doctor but on 21.11.2024, on account of some pain, his family members took him to one Government Hospital at Bharawan, from where he was referred to Balrampur Hospital, Lucknow and he died while taking treatment on 22.11.2024. Cause of death is septicemia due to ante-mortem injuries. Learned counsel has also submitted that out of ten accused persons, there is one accused person in the name of Ram Krishna against whom the allegation has been levelled in the FIR and also in the statement of the witnesses but said person Ram Krishna had died much earlier before the incident in question.

4. He has further submitted that charge sheet has been filed and the applicants are having no prior criminal history of any kind whatsoever. He further submits that the applicants undertake that they shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicants shall abide by all terms and conditions of the bail order.

5. Learned A.G.A has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicants.

6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that general allegation of assault and beating has been attributed to all accused persons including the present applicant and no specific role has been assigned to the present applicants; delay in lodging the FIR has not been explained; the present applicants have been implicated for the reason that the deceased had hit the stall (Thela) of their brother accused no.2- Chauhan, resultant thereof sudden fight started wherein the deceased might have received some injury; cause of death is septicemia due to ante-mortem injuries; out of ten accused persons, there is one accused person in the name of Ram Krishna against whom the allegation has been levelled in the FIR and also in the statement of the witnesses but said person Ram Krishna had died much earlier before the incident in question; the applicants are having no prior criminal history of any kind whatsoever and undertaking of the applicants that they shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicants on bail.

7. Accordingly, the bail application is allowed.

8. Let applicants- Mayaram and Shiva be released on bail in the aforesaid case crime number on both of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicants 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 351 of the B.N.S.S., 2023. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. (v) The applicants shall not leave India without previous permission of the court. Order Date :- 6.3.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench