HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8960 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Vakalatnama filed by Shri Himanshu Suryanshi along with short counter affidavit on behalf of complainant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant and perused the record. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.292 of 2025, under Sections 85, 80(2) of BNS and Sections 3/4 of Dowry Prohibition Act, P.S. Maholi, District Sitapur. 4. That as per the prosecution case, the complainant has alleged that his sister Anshika (deceased) got married with Harsh @ Sachin Mishra on 19.02.2022. A consideration of Rs. 15 lakhs was given as dowry at the time of the marriage, but the in-laws were not satisfied and were demanding an additional dowry of Rs. 10 lakhs. It has been alleged that on refusal to pay the aforesaid sum, the deceased was treated with cruelty. It has further been stated that the deceased disclosed that her husband Harsh @ Sachin was having illicit relations with some girl and wants to marry with her. The complainant has further alleged that in the night of 08/09.08.2025, the husband Harsh @ Sachin Mishra, his mother, his sister Bitto, her husband Amar Mishra (applicant), the first cousin Luvkush and his wife etc. have killed the deceased and hanged her. The indulgence of the two sisters of Harsh @ Sachin Mishra namely, Shivani and Sarita as well as the cousin Chunnu, his wife and Lalu Mishra has also been shown as the person who had conspired, planned and were indulged in the offence. It has been stated that in the next morning at about 08:00 AM, the complainant got to know Versus Counsel for Applicant(s) : Atul Verma, Arvind Kumar Verma Counsel for Opposite Party(s) : G.A. Avnish Mishra @ Amar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) about the incident through the local residents that his sister had died and while the complainant reached the spot, he saw that the room in which the deceased was hanged, was closed from inside and the window glass as well as the net door of the window was broken. 5. Learned counsel for the applicant submits that applicant is brother-in-law (Nandoi) of the deceased. He was living separately at Reusa Block where he is posed as a government servant at CHC Reusa. Cause of death is asphyxia as a result of ante mortem hanging. There are two contusions preset in the shape of injury nos.2 and 3. It is submitted that while lodging of F.I.R., eleven persons have been named including the married sisters and brothers- in-law of the husband of the deceased. He submits that in the post mortem report findings are suggestive of committing suicide which is corroborated by the other evidences. The wife of the applicant filed a Criminal Misc. Writ Petition No.8359 of 2025 (Nidhi Mishra @ Bitto vs. State of U.P. and others) wherein the Division Bench of this Court vide order dated 15.09.2025 has pleased to grant interim order of arrest stay in her faovur considering her separate residence at Reusa. 6. It is also submitted that applicant was picked up by the police at the time of emergency duty at CHC Reusa in the evening on 10.08.2025. The whole incident has been reported to the Superintendent of CHC by the Pharmacist Girish Chandra Tripathi on 11.08.2025 vide his letter which is on record as Annexure No.6. Applicant was wrongfully confined and kept under detainment in the Police Station Maholi, District Sitapur for a period of 16 days illegally. Applicant has no criminal history. He submits that the applicant is in jail since 26.08.2025. 7. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer and have submitted that the complicity of the applicant is evident from perusal of the prosecution witness. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 26.08.2025 having no criminal history, interim order dated 15.09.2025 (supra), cause of death is asphyxia as a result of ante mortem hanging, all the family members of the husband of the deceased appears to have been made accused by making general allegations and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Avnish Mishra @ Amar Mishra be released on bail in BAIL No. 8960 of 2025 2 aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). September 22, 2025 Saurabh Yadav/- BAIL No. 8960 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench