Neutral Citation No. - 2025:AHC-LKO:49467 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7839 of 2025 Applicant :- Vipin Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. Counsel for Applicant :- Sagar Singh,Shri Ram Maurya Counsel for Opposite Party :- G.A. 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 the informant had married his daughter to the applicant about 15 years ago. The deceased was often subjected to harassment. A written report in this regard was submitted to Police Chowki, Ganjmoradabad. Thereafter, the informant came to know that his daughter had died. Learned counsel for the applicant submits that the applicant had married the deceased 15 years ago, and four children were born out of the wedlock. It is further submitted that since 2016, the deceased had been under continuous treatment in the departments of Neurology and Psychiatry. It is contended that the deceased was also treated at Balrampur Hospital, KGMU, and by various physicians, where she was diagnosed with depression. Under such condition of depression, she might have committed suicide. However, there are no ingredients in the prosecution case to bring the alleged offence within the ambit of Section 108 BNS. No specific allegation has been levelled against the applicant with regard to the conduct of the deceased leading to her death. The cause of death has not been ascertained in the post-mortem report and the viscera has been preserved. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail application. Upon due consideration of the medical records of the deceased, the fact that the applicant had married the deceased 16 years ago and four children were born out of the wedlock; the cause of death is not ascertained; the viscera is preserved and the prima facie absence of ingredients to attract Section 108 BNS, coupled with the fact that the applicant has been in custody since 22.06.2025 without any criminal antecedents, I am of the view that the present case is fit for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Vipin involved in Case Crime No. 358/2025, U/S 85, 108 B.N.S., Police Station -Bangarmau, District- Unnao, 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 him 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 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 22.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench