HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8902 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 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.86 of 2025 under Sections 85, 108 BNS 2023, Police Station Mall, District Lucknow. In the prosecution case it is alleged that the deceased was married to the applicant about two years ago, and it was a love marriage. On 12.04.2025, the informant came to know that her sister had hanged herself. Learned counsel for the applicant submits that in the prosecution case it is admitted that the marriage between the deceased and the applicant was a love marriage. All the fact witnesses have stated that the applicant was working in Delhi and the relations between the couple were cordial. However, since the applicant, while going to Delhi, could not take the deceased along with him, she committed suicide. There is no other allegation in the prosecution case, and the cause of death, as per the post-mortem report, is asphyxia as a result of antemortem hanging. It is further submitted that there is no possibility of the applicant fleeing away after being released on bail 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 prayer of the applicant but could not Versus Counsel for Applicant(s) : D.P. Dutt Tiwari, Umesh Kumar Counsel for Opposite Party(s) : G.A. Sanjay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) successfully dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant has no criminal history, only general allegations have been levelled in the prosecution case, particularly in the statement of the complainant that because of cruelty by the named accused persons the deceased committed suicide, but there is no specific allegation against the present applicant or any of the co-accused regarding demand of dowry; further, the factum of love marriage is admitted; the cause of death is shown as asphyxia due to antemortem hanging; and the applicant is in custody since 1.6.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Sanjay 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 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 BAIL No. 8902 of 2025 2 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 17, 2025 Madhu D.R/P.S BAIL No. 8902 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench