Neutral Citation No. - 2025:AHC:78854 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16281 of 2025 Applicant :- Virendra Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kameshwar Singh,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Kameshwar Singh, learned counsel for the applicants, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483(1) BNSS, 2023 has been filed by the applicants Virendra Yadav and Shailendra Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 01 of 2025, under Sections 85, 80 BNS and Section 3/4 D.P. Act, registered at P.S. Bansdeeh Road, District Ballia. 4. Learned counsel for the applicants argued as follows: (i) The applicants have been falsely implicated in the present case. (ii) The applicant no.1 is the jeth and the applicant no.2 is the unmarried dewar of the deceased Madhu Yadav. (iii) The marriage of the deceased was solemnized with Narendra Yadav brother of the applicants in the month of November, 2019. (iv) General and omnibus allegations have been levelled against the applicants. (v) The postmortem report shows that the cause of death of the deceased is asphyxia due to antemortem hanging. (vi) Narendra Yadav the husband of the deceased is in jail. (vii) The applicant no.1 has a criminal history of five cases and that of the applicant of no.2 has a criminal history of two cases which have been disclosed and explained in the supplementary affidavit dated 03.03.2025. (viii) The deceased Madhu Yadav and her husband were leading a happy married life as is evident from the fact that three children were born from the wedlock, para 22 of the affidavit has been placed before the Court. (ix) The applicants are in jail since 06.01.2025. 5. Per contra, learned counsel for the State opposed the prayer for bail. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are jeth and devar of the deceased. The cause of death of the deceased is asphyxia due to antemortem hanging. Narendra Yadav the husband of the deceased is in jail. 7. 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 applicants may be enlarged on bail. 8. Let the applicants Virendra Yadav and Shailendra Yadav, 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:- i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicants 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. (iii) The applicants shall file an undertaking to the effect that they 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. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure them presence proclamation under section 84 BNSS, 2023 may be issued and if 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 209 BNS, 2023. (v) The applicants 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 applicants are 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 them in accordance with law and the trial court may proceed against them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants. 9. 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 applicants to prison. 10. The bail application is allowed. 11. Pending application(s), if any, shall stand disposed of. Order Date :- 14.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad