Bhanu @ Chandrabhan Vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2025) — LawSathi Research

Bhanu @ Chandrabhan Vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Bhanu @ Chandrabhan to be released on bail in Case Crime No. 296 of 2024 (Section 105 B.N.S., Police Station Sareni, District Raebareli) on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Bhanu @ Chandrabhan should be released on bail in Case Crime No. 296 of 2024 under Section 105 B.N.S., Police Station Sareni, District Raebareli.

Court's answer

The applicant is entitled to be released on bail in Case Crime No. 296 of 2024, considering that there is no eyewitness of the incident, the deceased received a single injury caused by a stick, the stick was recovered from an open place on the joint pointing of the two co-accused, and a co-accused person has already been granted bail - all without making any observations affecting the outcome of the case.

Ratio / Principle

Release ordered on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned.

Key takeaways

Bail made subject to 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.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 15) - Subhash Vidyarthi, J.: Criminal Misc. Bail Application No. 3003 of 2025, order dated 10.4.2025 (Neutral Citation 2025:AHC-LKO:20190) - ALLOWED. Applicant Bhanu @ Chandrabhan released on bail in Case Crime No. 296 of 2024 under Section 105 B.N.S., PS Sareni, Distt. Raebareli, arising from FIR of 18.10.2024 alleging that the informant's father, after advancing Rs.1,50,000/ to the applicant and Vishram Pasi for brick-kiln work, was abused and beaten with sticks by them on 16.10.2024 while demanding a refund and died in C.H.C., Lalganj on 17.10.2024; postmortem showed a solitary contused swelling on the right perital (sic) region, death being opined due to antemortem head injury. Grant premised on absence of eyewitnesses, single stick-inflicted injury, recovery of the stick from an open place on joint pointing of the two accused, and earlier bail (order dt. 24.03.2025) to co-accused Vishram Pasi in Crl. Misc. B.A. No. 2425 of 2025; charge-sheet dt. 16.11.2024 noted. Release on personal bond and two sureties, with conditions against tampering with evidence, pressurizing witnesses, and requiring attendance on all trial dates; no observations affecting trial outcome.

Neutral Citation No. - 2025:AHC-LKO:20190

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3003 of 2025

Applicant :- Bhanu @ Chandrabhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Sushil Pandey,Anjana Pandey Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Shri Sushil Pandey, learned counsel for the applicant, Shri Anshuman Verma, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.296 of 2024, under Section 105 B.N.S. registered at Police Station- Sareni, DistrictRaebareli.

The aforesaid case has been registered on the basis of F.I.R. lodged on 18.10.2024 against the applicant and one Vishram Pasi, stating that the informant's father had given Rs.1,50,000/to the accused persons for working in a brick kiln. When the accused persons did not go to work after receiving the money, the informant's father had gone to them to demand a refund of the money whereupon the accused persons abused and beaten him up with sticks at about 8:00 PM on 16.10.2024 and thereafter, they dropped the informant's father back home. When his condition deteriorated, he was taken to the hospital in the morning of 17.10.2024, from where he was referred to the District Hospital but he died in C.H.C., Lalganj.

The postmortem examination report mentions a solitary injury suffered by the deceased, which was a contused swelling on right perital region and the cause of death has been opined to

be antemortem head injury. The informant and her mother gave similar statements supporting the F.I.R. version.

The police came to have recovered a stick from the thatched roof of a hut in a grove on the joint pointing of the accused persons.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent person having no criminal history and he is languishing in jail since 19.10.2024.

Co-accused Vishram Pasi has already been granted bail by means of an order dated 24.03.2025 passed by this Court in Crl. Misc. Bail Application No.2425 of 2025.

Learned A.G.A.-I has vehemently opposed the bail application and on the basis of instructions provided to him, he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 16.11.2024.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no eyewitness of the incident; that the deceased had received a single injury caused by a stick and that the stick has been recovered from an open place on a joint pointing of the two co-accused persons and that a co-accused person has already been granted bail and without making any observations which may affect the outcome of the case, I am of the view that the applicant is entitle to be released on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Bhanu @ Chandrabhan 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.

[Subhash Vidyarthi, J.]

Order Date :- 10.4.2025 -Amit K-

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench