Kajal v. State of U.P. & others

1.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 2.As per learned counsel for the applicant, the present applicant is languishing in jail since 20.03.2025 in Case Crime No.184 of 2025, under Sections 103 (1), 238, 3 (5), 61 of Bharatiya Nyaya Sanhita, 2023, Police Station-Mohammadpur Khala, District- Barabanki. 3.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4.Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegations have been levelled against seven accused persons including the present applicant. No specific role of assault, beating or killing has been attributed to the present applicant. 5.The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.03.2025 against seven persons, not including the present applicant stating that the informant's son aged about 22 years had gone away with his friend Arpit Yadav for recovery of some money lent by him but he did not come back. The informant lodged a missing report on 18.03.2025. On 19.03.2025 the dead body of the informant's son was found in Gomti River. The informant had come to know that his son was in a relationship with the co-accused Ayush Rawat who is cousin of Arpit and when Arpit came to know about it, he killed the informant's son along with accomplices and thereafter he threw away the dead body in Gomti River. Since the cause of death could not be ascertained, therefore, Viscera was preserved. However, there are four ante-mortem injuries on the body of the victim (since deceased). 6. Further attention has been drawn towards the bail order of the co-accused, Ayushi Yadav @ Kajal, granted by this Court on 28.05.2025 passed in Criminal Misc. Bail Application No.4751 of 2025; Ayushi Yadav @ Kajal vs. State of U.P. & others; against whom the allegation has been levelled that she was in affairs with the deceased and has taken the deceased to the accused persons who have killed the deceased by throwing him into Gomti River after assaulting brutally. Therefore, on the principles of parity, the present applicant may also be released on bail. 7. Learned counsel for the applicant has stated that if the present applicant had beaten the victim (since deceased) mercilessly and thrown him into Gomti River, the cause of death would have been drowning but the cause of death could not be ascertained, therefore, Viscera was preserved. The aforesaid story creates doubt on the prosecution story and the benefit thereof may be given to the present applicant. The present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly. 8. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant. 9. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific role of assault, beating or killing has been attributed to the present applicant; the fact that the co-accused, Ayushi Yadav @ Kajal, has been granted bail by this Court vide order dated 28.05.2025 (supra) against whom the allegation has been levelled that she was in affairs with the deceased and has taken the deceased to the accused persons who have killed the deceased by throwing him into Gomti River after assaulting brutally; the present applicant is having no prior criminal history of any kind whatsoever; the charge-sheet has been filed and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail in this case. 10. Accordingly, the instant bail application is allowed. 11. Let the applicant (Rohan Yadav) be released on bail in the aforesaid case crime number 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:- (i) 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. 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 is issued and 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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 him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 5.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

1.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 2.As per learned counsel for the applicant, the present applicant is languishing in jail since 20.03.2025 in Case Crime No.184 of 2025, under Sections 103 (1), 238, 3 (5), 61 of Bharatiya Nyaya Sanhita, 2023, Police Station-Mohammadpur Khala, District- Barabanki. 3.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4.Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegations have been levelled against seven accused persons including the present applicant. No specific role of assault, beating or killing has been attributed to the present applicant. 5.The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.03.2025 against seven persons, not including the present applicant stating that the informant's son aged about 22 years had gone away with his friend Arpit Yadav for recovery of some money lent by him but he did not come back. The informant lodged a missing report on 18.03.2025. On 19.03.2025 the dead body of the informant's son was found in Gomti River. The informant had come to know that his son was in a relationship with the co-accused Ayush Rawat who is cousin of Arpit and when Arpit came to know about it, he killed the informant's son along with accomplices and thereafter he threw away the dead body in Gomti River. Since the cause of death could not be ascertained, therefore, Viscera was preserved. However, there are four ante-mortem injuries on the body of the victim (since deceased). 6. Further attention has been drawn towards the bail order of the co-accused, Ayushi Yadav @ Kajal, granted by this Court on 28.05.2025 passed in Criminal Misc. Bail Application No.4751 of 2025; Ayushi Yadav @ Kajal vs. State of U.P. & others; against whom the allegation has been levelled that she was in affairs with the deceased and has taken the deceased to the accused persons who have killed the deceased by throwing him into Gomti River after assaulting brutally. Therefore, on the principles of parity, the present applicant may also be released on bail. 7. Learned counsel for the applicant has stated that if the present applicant had beaten the victim (since deceased) mercilessly and thrown him into Gomti River, the cause of death would have been drowning but the cause of death could not be ascertained, therefore, Viscera was preserved. The aforesaid story creates doubt on the prosecution story and the benefit thereof may be given to the present applicant. The present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly. 8. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant. 9. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific role of assault, beating or killing has been attributed to the present applicant; the fact that the co-accused, Ayushi Yadav @ Kajal, has been granted bail by this Court vide order dated 28.05.2025 (supra) against whom the allegation has been levelled that she was in affairs with the deceased and has taken the deceased to the accused persons who have killed the deceased by throwing him into Gomti River after assaulting brutally; the present applicant is having no prior criminal history of any kind whatsoever; the charge-sheet has been filed and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail in this case. 10. Accordingly, the instant bail application is allowed. 11. Let the applicant (Rohan Yadav) be released on bail in the aforesaid case crime number 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:- (i) 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. 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 is issued and 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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 him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 5.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench