HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9000 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. Learned counsel for the applicant submits that the incident allegedly occurred between 07–08.04.2025, whereas the FIR was lodged after an inordinate delay of several months on 29.07.2025, through an application under Section 173(4) BNSS. The applicant had married the deceased about ten years ago. During the inquest proceedings, the complainant was present and opined that the deceased had committed suicide. However, in the FIR and his statement, the complainant alleged that the deceased was killed by the accused persons by throttling. The postmortem report records the cause of death as asphyxia as a result of antemortem hanging. The prosecution case contains sweeping allegations against all the accused persons, without any specific allegation against the applicant. 3. 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. 4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5. Considering the delay in lodging the FIR, the medical opinion that the Versus Counsel for Applicant(s) : Rahul Kumar Shukla, Mohit Singh, Shivam Srivastava Counsel for Opposite Party(s) : G.A. Ramu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) cause of death was asphyxia due to antemortem hanging, the fact that the complainant was present during the inquest but made no such allegation at that stage, the filing of the charge sheet, and further taking into account that the applicant is in custody since 01.08.2025 and has no criminal antecedents, I am of the view that this is a fit case for granting bail to the applicant. 6. Accordingly, the bail application is allowed. 7. Let the applicant Ramu involved in Case Crime No. 0299 of 2025, U/S- 108, 85, 115(2), 351(3) B.N.S.504, P.S. -Kotwali Dehat, District - Bahraich, 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 BAIL No. 9000 of 2025 2 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). 8. 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. September 19, 202 R.C. BAIL No. 9000 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench