Badri vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 40263 of 2025

Badri

	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Pramod Kumar Mishra, Suneel Kumar
Counsel for Opposite Party(s)	: G.A.

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Court No. - 66

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HON'BLE SAMIT GOPAL, J.

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1. List revised.

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Heard Sri Suneel Kumar, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Badri , seeking enlargement on bail during trial in connection with Case Crime No. 0239 of 2025, under Sections 105, 352, 351(3), 191(2) B.N.S., Police Station Lalganj, District Mirzapur.

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The first information report of the present matter was lodged on 21.06.2025 by Tulsidas against the applicant and 03 other persons alleging therein that on 20.06.2025 at about 9.30 pm his brother Deenu after having dinner was sleeping after which due to previous enmity the accused persons started abusing him and started assaulting him with lathi, danda & other articles and injured him. The informant and other persons reached there on which the accused persons by extending threats leaving his brother in an injured condition ran away. His brother in an injured condition was taken to the hospital where during treatment he was declared dead. A report be lodged and action be taken.

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Learned counsel for the applicant submits that in the first information report common & general role has been assigned to the applicant and 03 other persons of assault upon the deceased. It is submitted that the deceased was found to have received five injuries on his persons and the cause of death was opined as Neurogenic Shock with Hemorrhage. It is submitted that common & general role has been assigned to all the four accused of assault upon the deceased. It is further submitted that the present case has a cross version

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BAIL No. 40263 of 2025

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also. An application dated 03.09.2025 supported by an affidavit was given by Smt. Geeta Devi wife of the applicant before the A.C.J.M.-Ist, Mirzapur under Section 175 (3) B.N.S.S. against 06 other persons stating therein that her husband and other persons were assaulted. It is submitted that in the present matter Badri Prasad (the present applicant) was assaulted who was medically examined by the Medical Officer, C.H.C., Lalganj, Mirzapur who was found to have received a lacerated wound on his nose and was referred to a higher centre from Maa Vindhyavasini Hospital, Mirzapur for management of his injury. It is submitted that in so far as injury of the applicant is concerned, the prosecution case is silent and as such the genesis of the incident appears to have been suppressed by the prosecution. The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 01.08.2025.

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Per contra , learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the first information report and there are allegations of assault against him.

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After having heard learned counsel for the parties and perusing the record, it is evident that common & general role has been assigned to all the four accused of assault upon the deceased. There is a cross version also for which application under Section 175 (3) B.N.S.S. has been moved by the wife of the applicant. The applicant has received injuries in the said version. The same is not disclosed in the prosecution case.

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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- Badri , be released on bail in the aforesaid case crime number on furnishing a personal bond and two 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

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BAIL No. 40263 of 2025

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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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The bail application is allowed .

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Pending application (s), if any, shall stand disposed of.

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November 17, 2025 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Badri v. State of U.P.

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Badri v. State of U.P.

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