Kripal Singh vs State of U.P.

This bail application under Section 483 of B.N.S.S. has been filed by the applicant Kripal Singh, seeking enlargement on bail during trial in connection with Case Crime No. 166 of 2025, under Section(s) 191(2), 105, 115(2), 352 B.N.S. registered at P.S. Shamshabad, District Agra.

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The F.I.R. of the matter was lodged on 27.6.2025 by Balwant Singh Yadav against the applicant and 6 other persons alleging therein that his father has some ancestral agricultural land in village Hirner. Land of his grand-father Potiram and his land are adjacent. His grand-father was cultivating some parts of his land since before. Many times measurements of land was got done and his grand-father was informed about it but he did not give possession of the land of the informant. On 26.6.2025 he received information that his grand-father and other family members have broken the wall of the land and ploughing on it, on which he and his other family members went there and saw that Kripal Singh was breaking his partition boundary of the land after which Potiram exhorted Kripal Singh on which his father Darwan Singh came in contact of the tractor but somehow was saved. He was tried to be assaulted with lathi and danda. Then the accused persons exhorted that since he has been saved he be

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BAIL No. 39001 of 2025

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crushed with tractor on which Kripal Singh took his tractor forward and his father got saved but fell down. He was then taken to G.R. Hospital, Agra where the doctor declared him dead.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that Darvan Singh Yadav is the deceased in the present matter. It is submitted that he died as a natural death as would evident from the opinion of the doctor conducting post mortem examination wherein in the opinion of the doctor death is due to shock as a result of Myocardial Infarction. It is submitted that although the deceased has received one contusion on left side face zygomatic region which is very small in size but the same did not contribute to death of the deceased. It is further submitted that death of the deceased is natural death by Myocardial Infarction which is also evident from the post mortem examination that plaque was present in part of left anterior descending artery. It is further submitted that Babulal is an alleged injured who was found to have received two bruises on his body which were opined to be simple in nature. It is submitted that common and general role has been assigned to the applicant and other co-accused. It is argued that the applicant has no other criminal antecedents as stated in para-25 of the affidavit and is in jail since 30.7.2025.

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

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After having heard learned counsels for the parties and perusing the record, it is evident that cause of death of the deceased is Myocardial Infarction. The injured Babulal although was found to have received two injuries on his person but the same were opined to be simple in nature. Common and general role has been assigned to the applicant and other coaccused persons.

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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- Kripal Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in

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BAIL No. 39001 of 2025

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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 BNSS, 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 BNS, 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 BNSS, 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 BNS, 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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