Disposed¶22

Chhote Bhatiya v. State of U.P.

Allahabad HC19 Mar 2026BAIL/9387/2026

Case brief

AI extract

What is this about?

Bail application; missing case record; purcha 1 and 2 of case diary missing; committal register 2000-2003 missing; Section 302 IPC; Sections 82/83 Cr.P.C. process; arrest in 2021; cognizance delayed to 01.02.2022; directions to District Judge Firozabad for report; SSP Firozabad report through AGA; trial status and witnesses; reconstitution of record; Registrar General e-mail; listed 21.04.2026; Chhote Bhatiya v. State of U.P.; Allahabad High Court; Firozabad; Ramgarh police station.

What did the court decide?

Bail prayer not decided; the Court issued directions to the District Judge, Firozabad and the S.S.P., Firozabad to submit reports and listed the case for 21.04.2026 as fresh. ¶22

Chhote Bhatiya vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Bail prayer not decided; the Court issued directions to the District Judge, Firozabad and the S.S.P., Firozabad to submit reports and listed the case for 21.04.2026 as fresh.

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Issue for consideration

Whether the applicant, in custody since 2021 in Case Crime No. 277 of 2000 under Sections 302 IPC (Police Station Ramgarh, District Firozabad), is entitled to be released on bail during trial, the trial having not proceeded because the case record is not available before the trial court.

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Court's answer

From perusal of the record, the Court found that the FIR was lodged on 04.12.2000, the charge sheet was filed on 30.03.2001, and the accused persons were arrested in the year 2021.

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Ratio / Principle

The Court noted that cognizance of the charge sheet had been taken on 01.02.2022 and that several records of the case are missing.

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Key takeaways

District Judge, Firozabad directed to submit a report on: the date of filing of the charge sheet against the applicant, the date of arrest of the applicant, the reason for taking cognizance on 01.02.2022 on the charge sheet dated 30.03.2001, whether warrant of arrest and process under Sections 82 and 83 Cr.P.C. were issued during/after investigation, status of trial and witnesses examined/proposed, and whether the missing record (including the committal register 2000-2003) has been re-constituted and any inquiry conducted.ratio¶14
The District Judge, Firozabad is to submit his report through the e-mail of the Registrar General, High Court of Judicature at Allahabad.ratio¶21
The case is to be listed on 21.04.2026 as fresh.

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.) — Criminal Misc. Bail Application No. 9387 of 2026, Chhote Bhatiya v. State of U.P. Bail sought during trial in Case Crime No. 277 of 2000, under Sections 302 IPC, Police Station Ramgarh, District Firozabad. Applicant in jail since 2021; trial stalled because the case record is not available before the trial court — per CJM, Firozabad's application dated 13.10.2025 to the District Judge, purcha nos. 1 and 2 of the case diary are not on record and the committal register from 2000 to 2003 is missing, along with several other documents. FIR lodged 04.12.2000; charge sheet filed 30.03.2001; accused arrested in 2021; cognizance taken on 01.02.2022. Court directed the District Judge, Firozabad to report on: date of filing of the charge sheet, date of arrest, reason for cognizance on 01.02.2022, issuance of warrant/process under Sections 82 and 83 Cr.P.C., status of trial and witnesses, and reconstitution of the missing record with any inquiry; S.S.P., Firozabad to report through learned AGA on process issued and executed; reports through the e-mail of the Registrar General; case listed 21.04.2026 as fresh. Bail not decided.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 9387 of 2026

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Chhote Bhatiya

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.....Applicant(s)

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Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Virat Pratap Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 67

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Virat Pratap Singh, learned counsel for the applicant and Sri Rakesh Kumar Mishra, learned A.G.A. and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 277 of 2000, under Section - 302 IPC, Police Station- Ramgarh, District- Firozabad, during the pendency of the trial.

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In compliance of order dated 30.03.2026 the District Judge, Firozabad has submitted a report dated 17.04.2026 wherein it is mentioned that the charge sheet against the co-accused Atiq and Abrar has been filed on 07.03.2001 and the cognizance has also been taken on the same date as the present applicant was absconding, therefore, process under Section 82 Cr.P.C. was initiated against him. Thereafter, the police submitted charge sheet after arresting the applicant and the cognizance was taken on 01.02.2022. It is further mentioned that despite issuance of process against the applicant he did not surrender and remain absconded, therefore, initially reward of Rs. 1500/- and lastly Rs. 25,000/- was also declared upon the applicant being absconder. Thereafter on arresting the applicant the trial was commenced and till date PW 1, PW 2 and PW 3 have been examined and total ten witnesses are yet to be examined. It is also mentioned that the trial of the co-accused has already been decided on 23.06.2005 and the applicant was absconding, hence, the trial of the applicant could not be proceeded and his file was sent for scanning and certain papers were missing, now all papers are available on record.

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BAIL No. 9387 of 2026

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On the other hand, the SSP, Firozabad has also submitted his report wherein it is mentioned that the present applicant despite issuance of measures under Sections 82 & 83 Cr.P.C. on 06.02.2001 and 20.03.2001 respectively, did not appear and remain absconded by changing his name. Finally, he was arrested and the first remand was also taken on 24.12.2021. It is also mentioned in the report submitted by SSP, Firozabad that the charge sheet against the applicant was filed on 27.03.2001 in absensia.

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In the report of District Judge, Firozabad it is submitted that the police has submitted charge sheet against the present applicant on 01.02.2022 but the SSP, Firozabad in his report has clearly mentioned that the charge sheet was submitted on 27.03.2001.

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Therefore, the District Judge, Firozabad is directed to explain this anomaly and also conduct an enquiry if the charge sheet was filed by the police on 27.03.2001 why the cognizance was taken in the year 2022. The District Judge, Firozabad is further directed to conclude the trial of this case as expeditiously as possible. The report of the District Judge shall be submitted through e-mail by the next date.

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List this case on 19.05.2026.

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(Arun Kumar Singh Deshwal,J.)

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April 21, 2026 gp

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Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad

Chhote Bhatiya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chhote Bhatiya v. State of U.P.

Case brief

What is this about?

What did the court decide?

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What the court decided

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