HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 402 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that daughter of the informant was married with the son of the applicants six years ago as pser with Hindu Rights and Rituals. It is further alleged that the deceased was subjected to cruelty regarding the demand of dowry. On 06.07.2024 between 4-5 pm, the complainant came to know via phone call that the applicants and co-accused have killed his daughter. Upon getting this information, he came to the matrimonial house of his daughter where he was told that she has been taken to Hospital at Gonda. Later on, he came to know that she has been taken to Medical College Lucknow and when he reached at the spot, he found her dead and found several marks of injury on her body. Learned counsel for the applicant submits that version of the FIR that the daughter of the informant was married six years ago has been found false by the investigating officer which is evident from CD-6 dated 01.08.2024 and on that basis offence under Section 80(1) BNS has been converted under Section 108 BNS. It has been further submitted that no allegations were made during inquest or postmortem. In the postmortem, cause of death is asphyxia as a result of Versus Counsel for Applicant(s) : Ajay Kumar Soni, Amrendra Nath Tripathi, Jay Prakash Singh Vats, Minakshi Chowdhury, Prashant Tiwari Counsel for Opposite Party(s) : G.A., Karunesh Singh, Vijay Pratap Singh Ajay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) antermortem hanging. The complainant in his two statements under section 180 and 183 BNS has only made general and sweeping allegations. It is a case of false implication. The applicants are mother-in-law and father-in-law of the deceased. The applicant is languishing in jail since 24.08.2024 without having any criminal antecedents. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to CD-6; inquest report and postmortem report as well as considering the statements of the complainant, so also considering the fact that the applicants are languishing in jail since 24.08.2024 without having any criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicant Ajay Kumar, involved in Case Crime No. 268/2024, under Sections 85/108 of BNS and Section 3/4 of D.P. Act, Police Station Katra Bazar, District - Gonda, be released on bail on his 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:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are BAIL No. 402 of 2025 2 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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. September 17, 2025 kkb/ BAIL No. 402 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench