High Court · 2025

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No. 726 of 2023, under section 302, 504 of IPC and Section 4/25 Arms Act, P.S.- Kotwali Nagar, District - Sitapur. The prosecution story in brief is that when the father of the deceased was going to market on 05.12.2023 at 11:30 A.M. and reached to the nearby house of the applicant, he started hurling abuses and when his son Anurag Verma came for rescue, the applicant with the intention to kill, assaulted with knife which resulted into injury and he fell down and got fainted. Thereafter, he took his son for treatment to district hospital wherein he was got admitted and during the treatment, doctors referred the son of the informant to the Medical College, wherein his condition was serious. Contention of learned counsel for the applicant is that the applicant is a law abiding citizen and he is innocent and falsely been implicated. He submits that the incident took place in spur of moment and in a sudden provocation. He also added that motive is missing as there is no proof at all that what was the enmity or reason to assault the deceased. Further submission is that the applicant is mentally sick at the time of incident, which is an admitted fact as per the narration of the FIR. Adding his arguments he submits that there can be no intention of killing of the deceased, might be that there was a knowledge and the incident has taken place in a sudden provocation. He has also drawn attention that the prescription of the Neuro Psychiatrist were given to the Investigation Officer and those are appended as Annexure No.2 (page 18 onwards) alognwith the bail application. He next added that the two independent witnesses, namely, Manju Choudhary and Ayush Bhargav have also stated that the applicant was treated with Neuro Psychiatric doctors and further submitted that the details of the injury which are given in the district hospital's report is 3 cm whereas the stitched wound as per the ante mortem injury in the post mortem report is of 18 cm, which creates doubt in the story of the prosecution. He added that in fact it is a case of accident and is also evident from the prescription of the doctor. He next added that the applicant is a law abiding citizen and the applicant has a case criminal history which has been explained. The applicant is languishing in jail since 06.12.2023 and there is no possibility that the trial would be concluded in near future as such, he may be enlarged on bail and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the FIR and the applicant is the sole accused who assaulted the deceased with knife and as per the ante mortem injury, there are injury over the body of the injured and even in the medical report of the district hospital, the injury was found on the vital part of the deceased. He next added that the nature of the offence is serious and after thorough investigation, it is found that the applicant is involved in committing offence and therefore, the charge sheet has been filed thus he is not entitled for any relief. Having heard learned counsel for the parties and after perusal of material placed on record, it transpires that prima facie, there seems to be some discrepancies in the nature of the injuries as per the prescription of the district hospital as well as the ante mortem injury which is evident from the post mortem report. Further, the narration of the FIR itself is enough to show that the applicant was in a drunken position and further some Neuro Psychiatric treatment was also given to him as is evident from Annexure No.2. Further, the applicant has a case criminal history which has been explained and he is languishing in jail since 06.12.2023. The applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant, Narendra Mohan @ Lucky, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his 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; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 14.5.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No. 726 of 2023, under section 302, 504 of IPC and Section 4/25 Arms Act, P.S.- Kotwali Nagar, District - Sitapur. The prosecution story in brief is that when the father of the deceased was going to market on 05.12.2023 at 11:30 A.M. and reached to the nearby house of the applicant, he started hurling abuses and when his son Anurag Verma came for rescue, the applicant with the intention to kill, assaulted with knife which resulted into injury and he fell down and got fainted. Thereafter, he took his son for treatment to district hospital wherein he was got admitted and during the treatment, doctors referred the son of the informant to the Medical College, wherein his condition was serious. Contention of learned counsel for the applicant is that the applicant is a law abiding citizen and he is innocent and falsely been implicated. He submits that the incident took place in spur of moment and in a sudden provocation. He also added that motive is missing as there is no proof at all that what was the enmity or reason to assault the deceased. Further submission is that the applicant is mentally sick at the time of incident, which is an admitted fact as per the narration of the FIR. Adding his arguments he submits that there can be no intention of killing of the deceased, might be that there was a knowledge and the incident has taken place in a sudden provocation. He has also drawn attention that the prescription of the Neuro Psychiatrist were given to the Investigation Officer and those are appended as Annexure No.2 (page 18 onwards) alognwith the bail application. He next added that the two independent witnesses, namely, Manju Choudhary and Ayush Bhargav have also stated that the applicant was treated with Neuro Psychiatric doctors and further submitted that the details of the injury which are given in the district hospital's report is 3 cm whereas the stitched wound as per the ante mortem injury in the post mortem report is of 18 cm, which creates doubt in the story of the prosecution. He added that in fact it is a case of accident and is also evident from the prescription of the doctor. He next added that the applicant is a law abiding citizen and the applicant has a case criminal history which has been explained. The applicant is languishing in jail since 06.12.2023 and there is no possibility that the trial would be concluded in near future as such, he may be enlarged on bail and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the FIR and the applicant is the sole accused who assaulted the deceased with knife and as per the ante mortem injury, there are injury over the body of the injured and even in the medical report of the district hospital, the injury was found on the vital part of the deceased. He next added that the nature of the offence is serious and after thorough investigation, it is found that the applicant is involved in committing offence and therefore, the charge sheet has been filed thus he is not entitled for any relief. Having heard learned counsel for the parties and after perusal of material placed on record, it transpires that prima facie, there seems to be some discrepancies in the nature of the injuries as per the prescription of the district hospital as well as the ante mortem injury which is evident from the post mortem report. Further, the narration of the FIR itself is enough to show that the applicant was in a drunken position and further some Neuro Psychiatric treatment was also given to him as is evident from Annexure No.2. Further, the applicant has a case criminal history which has been explained and he is languishing in jail since 06.12.2023. The applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant, Narendra Mohan @ Lucky, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his 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; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 14.5.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench