HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8798 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.88 of 2025 under Section 108 BNS, Police Station Bevana, District Ambedkar Nagar. It is alleged that on 23.6.2025, Mukesh Rana, the applicant, enticed the wife of the complainant away for some money and entered into a court marriage with her. A settlement was arrived at in the police station on 27.6.2025. However, two days later, she was allegedly ousted by the applicant from his house after being beaten, and thereafter, on 21.7.2025 at about 6:00 p.m., she committed suicide. Learned counsel for the applicant submits that a perusal of the material on record shows that the victim had denied the allegation that she was enticed away by the applicant. It is further submitted that the victim died in the house of her first husband. The prosecution story is highly improbable, as the victim was already married, and therefore, no court marriage could have taken place between the applicant and the victim. It is urged that the prosecution story is false; no such court marriage ever took place, and the Versus Counsel for Applicant(s) : Sanjeev Kumar Singh Counsel for Opposite Party(s) : G.A. Mukesh Rana .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) victim did not die in the house of the applicant but rather in the house of her first husband. The applicant has been falsely implicated. The cause of death, as per postmortem, is asphyxia and shock due to antemortem hanging, and no antemortem injury was found on the body of the deceased. The essential ingredients of Section 108 BNS are missing. The applicant is in jail since 23.7.2025. It is further submitted that there is no possibility of the applicant absconding or tampering with the witnesses if released on bail. In case he is enlarged on bail, he undertakes not to misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the submissions advanced by learned counsel for the parties and perused the record. On due consideration of the statement of the complainant, the postmortem report, the settlement on record, the filing of the charge-sheet, the prima facie absence of ingredients of Section 108 BNS, the fact that the applicant has no criminal history, and that he is in custody since 23.7.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Mukesh Rana be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 BAIL No. 8798 of 2025 2 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 under Section 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). September 15, 2025 Madhu D.R/P.S BAIL No. 8798 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench