Neutral Citation No. - 2025:AHC:111789 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3863 of 2025 Applicant :- Dhananjay Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.,Jilajeet Singh Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today, which is taken on record. 2. Heard Shri Bipin Kumar Tripathi, learned counsel for the applicant, Sri Jilajeet Singh, learned counsel for the informant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Dhananjay Jaiswal, seeking enlargement on bail in Case Crime No. 247 of 2024, under Section 352, 105 BNS, Police Station Adalhat, District Mirzapur. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Mirzapur, vide order dated 20.01.2025. 4. The allegation made in the FIR is that the deceased aged about 32 years was married with the applicant about 12 years earlier and out of wedlock there were two children borne from the deceased. It is alleged that the deceased was suffering with ailment and the applicant does not provide proper treatment to her and it further alleged that on 20.12.2024 at about 2:30 p.m. the applicant and his family member assaulted the deceased by kicks and fits, lathi danda resulting to her death. 5. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 24.12.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that there was cordial relation between wife and husband and out of love and affection two female children were borne. Learned counsel for the applicant has next submitted that during trial, the statement of P.W. 1, first informant, P.W. 2, Urmila Devi, mother of deceased and P.W. 3, Manoj Kumar Gupta, elder brother of deceased, have already been declared hostile. Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the prosecution witnesses including the first informant have turned hostile. 7. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Dhananjay Jaiswal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 10.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad