Court grants bail while emphasizing conditions of cooperation and verification of antecedents.

For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Baleshwar Kamat, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since

21.05.2025 in connection with Sakri P.S. Case No. 78 of 2025, F.I.R. dated 17.05.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 118(2), 351(2) (3), 103(1), 61(2), 3(5) of the B.N.S.

3. According to prosecution case, petitioner and other co-accused persons are alleged to have killed the brother of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. Informant is not an eye-witness of the alleged occurrence and on the basis of suspicion, petitioner has been implicated in the present case. Learned counsel further submits that the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 21.05.2025.

5. Learned APP for the State on the other hand on the basis of material available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that in paragraph no. 117 of case diary, the petitioner was accompanied with the deceased and in paragraph no. 118, the co-accused has confessed his guilt that he has committed crime in question and the petitioner was one of the conspirator. Apart from that the petitioner carries five criminal antecedents other than the present one but fairly submits that he is on bail in all the pending matters.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Sakri P.S. Case No. 78 of 2025, with the following conditions:

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)