Hariom Singh Vs State of U.P.

This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Hariom Singh , seeking enlargement on bail during trial in connection with Case Crime No. 115 of 2025, under Section 108 B.N.S., Police Station Mataundh, District Banda.

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The first information report of the present matter was lodged on 01.06.2025 by Himanshu Tiwari against the applicant, Rahul Gupta and Ashish alleging therein that his brother Kripanshu Tiwari used to gamble on the saying of the accused persons and had taken money from them for it. The accused persons then started demanding money which he did not return. They then asked him to return Rs. 1 lakh taken from them and had threatened him. He then pledged the gold ornament of his mother for the same. His brother was mentally troubled and tortured due to which on 30.05.2025 at about 09 pm he jumped in cane river and committed suicide. A report be lodged and action be taken.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the deceased was involved in gambling which was the reason for his

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being disturbed. It is submitted that charge-sheet in the matter has been submitted against the applicant and co-accused Rahul Gupta whereas co-accused Ashish has been exonerated during investigation who has also been assigned common and general role as that of the applicant and Rahul Gupta. It is argued that co-accused Rahul Gupta has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.07.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 B.N.S.S. No. 4898 of 2025, the copy of the said order is annexed as Annexure-13 to the affidavit. It is submitted that the deceased committed suicide by jumping in the river. He was found to have received 06 injuries on his person and the cause of death was opined as shock and hemorrhage due to antemortem injuries. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. The applicant has no criminal history as stated in para 41 of the affidavit and is in jail since 03.06.2025.

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Per contra , learned counsel for the State opposed the prayer for bail.

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After having heard learned counsel for the parties and perusing the record, it is evident that the applicant and 02 other co-accused persons are named in the first information report with general & omnibus allegations. One of the accused namely Ashish has been exonerated during investigation. Co-accused Rahul Gupta has been granted anticipatory bail by a co-ordinate Bench of this Court. Charge-sheet in the matter has been submitted against the applicant and co-accused Rahul Gupta.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Hariom Singh , be released on bail in the aforesaid case crime number on furnishing a personal bond and two

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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:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 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 and the trial court may proceed against him under Section 269 B.N.S., 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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