High Court · 2025

3. The first application No. 11712 of 2023 was dismissed as withdrawn by means of an order dated 31.01.2024 giving liberty to the applicant to move appropriate application under Section(s) 328 and 329 Cr.P.C. This application was decided by the trial court by means of an order dated 02.05.2024 whereby proceedings of trial were stayed till the applicant recovers from his mental ailment and become able to defend himself in the trial.

4. This second application seeking his release on bail was filed on 07.08.2024. Since the first application had been dismissed as withdrawn and not on merits, this second bail application is being decided after considering the merits of the case.

5. The aforesaid case was registered on the basis of a written report submitted by the informant on 30.03.2021 stating that the applicant had taken the informant's niece inside his rented room, he closed the room from inside and assaulted on the hand and neck of the informant's niece with intention to kill her. He further stated that the applicant had locked the shutter of the room from inside and he did not open it, the villagers gathered and they cut open the shutter and took out the girl. The victim died while she was being taken to a hospital.

6. The post mortem examination report mentions a contused swelling on left side of the head, an incised wound on the left collar and an incised wound above the left collar, an incised wound on left shoulder with bone exposed, an incised wound on posterior of right hand, an incised wound on posterior of left hand and two other incised wounds. The cause of death has been opined to be shock and hemorrhage due to ante mortem injuries.

7. The informant as well as the applicant's daughter have supported the FIR version in their statements given before the Investigating Officer.

8. The applicant was taken into custody on the same day i.e.

30.03.2021. He was taken to Community Health Centre on

31.03.2021 and he was referred to the District Hospital, Pratapgarh for x-ray examination of his skull and chest. His injury form mentions a stitched wound on left side of head, a lacerated would near outer end of right eyebrow and a stitched would just below middle part of left clavicle.

9. As per the report submitted by the Medical Officer, District Jail, Pratapgarh to the Superintendent, District Jail, Pratapgarh, the applicant was admitted to the jail on 01.04.2021. He was admitted to the jail hospital from 03.04.2021 to 20.08.2021 and from 02.09.2021 to 27.02.2022 and again from 07.07.2022 to

11.07.2022. He was sent to the District Hospital, Pratapgarh on

01.04.2022 where he remained admitted till 03.04.2022. On

16.12.2021, the applicant was sent to Swaroop Rani Nehru Hospital, Prayagraj to Mental Ailment Department of Swaroop Rani Nehru Hospital. The applicant was treated in the mental ailment department of KGMU, Lucknow from 02.06.2022 to

07.07.2022. The doctor recorded strange behavior of the applicant and wrote that it is difficult to reach any definite conclusion regarding discrepancy of his behavior. The doctor recommended the applicant's admission in a closed secure ward, which was not available in the hospital so the applicant was referred to the Mental Hospital, Varanasi for admission and diagnostic clarification.

10. On 02.12.2023, the Sessions court ordered admission of the applicant in mental hospital, Varanasi.

11. A supplementary counter affidavit has been filed by the State annexing therewith a letter dated 12.12.2024 sent by the Director and Principal Superintendent, Mental Hospital, Varanasi, stating that the applicant was admitted to the Mental Hospital, Varanasi on 06.12.2023 and after treatment for one year has been declared mentally fit on 06.12.2024..

12. The learned counsel for the applicant has submitted that the medical condition of the applicant as evidenced by the medical treatment papers indicates that at the time of the incident, the applicant was not mentally fit and he was not in a position to commit an offence with intention or knowledge that he would cause death of the victim.

13. Per contra, the learned AGA has vehemently opposed the bail application and he has submitted that the applicant had killed the minor victim by causing numerous blows with a sharp edged weapon. The doctor has opined that the applicant is mentally fit and, therefore, he should face the trial. As the applicant has been declared mentally fit, he cannot claim any benefit of his mental ailment.

14. The learned counsel for the applicant has submitted that the applicant is in custody since 30.03.2021 and not even a single prosecution witness has been examined during this period.

15. The state has filed a counter affidavit annexing therewith copies of the statements recorded by the Investigating Officer. The informant has stated that the life style and mannerism of the applicant was like that of a mad person. At times he used to beg to earn his meals. Whenever any person used to address him as Jogi, the applicant used to get extremely angry and it appeared that he could do anything in anger. The applicant's daughter stated that the victim had called the applicant Jogi due to which he became angry and assaulted the victim with gandasa (a sharp edged tool).

16. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the informant that the life style and mannerism of the applicant since before the incident was like that of a mad person; that the applicant has been treated for mental ailment since soon after his arrest till

06.12.2024 i.e. for more than a period of three years and that although the applicant is in custody for more than three years, not even a single prosecution witness could be examined during this period, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. However, keeping in view the peculiar facts and circumstances of the case and the past history of unstable mental behavior of the applicant, it would be appropriate that certain condition be put to minimise the possibility of the applicant causing harm to any other person.

17. Accordingly, this bail application stands allowed.

18. Let the applicant-Dhirendra Dhar Dwivedi @ Pintu Dwivedi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (iv) the applicant's mother, who has filed affidavit in support of the bail application, and his father shall personally take care of the mental and physical well being of the applicant and in case any symptom indicating abnormal mental behavior of the applicant manifests, she/he shall immediately ensure proper medical treatment for the applicant. . [Subhash Vidyarthi, J.] Order Date :- 15.4.2025 Pradeep/- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

3. The first application No. 11712 of 2023 was dismissed as withdrawn by means of an order dated 31.01.2024 giving liberty to the applicant to move appropriate application under Section(s) 328 and 329 Cr.P.C. This application was decided by the trial court by means of an order dated 02.05.2024 whereby proceedings of trial were stayed till the applicant recovers from his mental ailment and become able to defend himself in the trial.

4. This second application seeking his release on bail was filed on 07.08.2024. Since the first application had been dismissed as withdrawn and not on merits, this second bail application is being decided after considering the merits of the case.

5. The aforesaid case was registered on the basis of a written report submitted by the informant on 30.03.2021 stating that the applicant had taken the informant's niece inside his rented room, he closed the room from inside and assaulted on the hand and neck of the informant's niece with intention to kill her. He further stated that the applicant had locked the shutter of the room from inside and he did not open it, the villagers gathered and they cut open the shutter and took out the girl. The victim died while she was being taken to a hospital.

6. The post mortem examination report mentions a contused swelling on left side of the head, an incised wound on the left collar and an incised wound above the left collar, an incised wound on left shoulder with bone exposed, an incised wound on posterior of right hand, an incised wound on posterior of left hand and two other incised wounds. The cause of death has been opined to be shock and hemorrhage due to ante mortem injuries.

7. The informant as well as the applicant's daughter have supported the FIR version in their statements given before the Investigating Officer.

8. The applicant was taken into custody on the same day i.e.

30.03.2021. He was taken to Community Health Centre on

31.03.2021 and he was referred to the District Hospital, Pratapgarh for x-ray examination of his skull and chest. His injury form mentions a stitched wound on left side of head, a lacerated would near outer end of right eyebrow and a stitched would just below middle part of left clavicle.

9. As per the report submitted by the Medical Officer, District Jail, Pratapgarh to the Superintendent, District Jail, Pratapgarh, the applicant was admitted to the jail on 01.04.2021. He was admitted to the jail hospital from 03.04.2021 to 20.08.2021 and from 02.09.2021 to 27.02.2022 and again from 07.07.2022 to

11.07.2022. He was sent to the District Hospital, Pratapgarh on

01.04.2022 where he remained admitted till 03.04.2022. On

16.12.2021, the applicant was sent to Swaroop Rani Nehru Hospital, Prayagraj to Mental Ailment Department of Swaroop Rani Nehru Hospital. The applicant was treated in the mental ailment department of KGMU, Lucknow from 02.06.2022 to

07.07.2022. The doctor recorded strange behavior of the applicant and wrote that it is difficult to reach any definite conclusion regarding discrepancy of his behavior. The doctor recommended the applicant's admission in a closed secure ward, which was not available in the hospital so the applicant was referred to the Mental Hospital, Varanasi for admission and diagnostic clarification.

10. On 02.12.2023, the Sessions court ordered admission of the applicant in mental hospital, Varanasi.

11. A supplementary counter affidavit has been filed by the State annexing therewith a letter dated 12.12.2024 sent by the Director and Principal Superintendent, Mental Hospital, Varanasi, stating that the applicant was admitted to the Mental Hospital, Varanasi on 06.12.2023 and after treatment for one year has been declared mentally fit on 06.12.2024..

12. The learned counsel for the applicant has submitted that the medical condition of the applicant as evidenced by the medical treatment papers indicates that at the time of the incident, the applicant was not mentally fit and he was not in a position to commit an offence with intention or knowledge that he would cause death of the victim.

13. Per contra, the learned AGA has vehemently opposed the bail application and he has submitted that the applicant had killed the minor victim by causing numerous blows with a sharp edged weapon. The doctor has opined that the applicant is mentally fit and, therefore, he should face the trial. As the applicant has been declared mentally fit, he cannot claim any benefit of his mental ailment.

14. The learned counsel for the applicant has submitted that the applicant is in custody since 30.03.2021 and not even a single prosecution witness has been examined during this period.

15. The state has filed a counter affidavit annexing therewith copies of the statements recorded by the Investigating Officer. The informant has stated that the life style and mannerism of the applicant was like that of a mad person. At times he used to beg to earn his meals. Whenever any person used to address him as Jogi, the applicant used to get extremely angry and it appeared that he could do anything in anger. The applicant's daughter stated that the victim had called the applicant Jogi due to which he became angry and assaulted the victim with gandasa (a sharp edged tool).

16. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the informant that the life style and mannerism of the applicant since before the incident was like that of a mad person; that the applicant has been treated for mental ailment since soon after his arrest till

06.12.2024 i.e. for more than a period of three years and that although the applicant is in custody for more than three years, not even a single prosecution witness could be examined during this period, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. However, keeping in view the peculiar facts and circumstances of the case and the past history of unstable mental behavior of the applicant, it would be appropriate that certain condition be put to minimise the possibility of the applicant causing harm to any other person.

17. Accordingly, this bail application stands allowed.

18. Let the applicant-Dhirendra Dhar Dwivedi @ Pintu Dwivedi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (iv) the applicant's mother, who has filed affidavit in support of the bail application, and his father shall personally take care of the mental and physical well being of the applicant and in case any symptom indicating abnormal mental behavior of the applicant manifests, she/he shall immediately ensure proper medical treatment for the applicant. . [Subhash Vidyarthi, J.] Order Date :- 15.4.2025 Pradeep/- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench