HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9061 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.In compliance of order dated 22.9.2025 passed by this Court, Mr. Bihari Singh Yadav, S.I. is present before the Court. Upon a query being made as to why statement of two children aged about nine ears and six years of the deceased who were at home has not been recorded, he has initially stated that both the children were not confortable after the incident and therefore, statement was not recorded. Then, he says that the children were playing outside and as such, their statement has not been recorded. 2.The reply of the investigating officer does not inspire confidence, more so in view of the fact that in the case diary nothing to this effect has been recorded. This lapse in the investigation may cause serious prejudice to justice delivery system and this court cannot close its eyes towards such omission committed during investigation Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Anil Kumar Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) as held by Supreme Court in its judgment in Sanjay Dubey versus The State of Madhya Pradesh and another 2023 LiveLaw (SC) 435. 3.In view of the above, the Senior Superintendent of Police, Bahraich is directed to draw appropriate proceedings against the officer who is present today as per relevant rules. 4.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 5.It is alleged in the prosecution case that the daughter of the informant Manju Devi aged about 28 years was married to the present applicant in the year 2007. Gauna was done in 2015. Since then, his daughter was residing in her matrimonial home. Out of the wedlock, there was one son aged about 9 years and one daughter aged about six years. It is further alleged that on 27.7.2025 at about 4.00p.m., an information was given by the police of Chowki Nasirganj that his daughter has been admitted in district hospital Bahraich due to burn injuries by her in- laws. The informant went to the hospital with his son Pawan Kumar and Raj Kumar as well as others. There, he was told that she has died due to burn injuries. 6.Learned counsel for the applicant submits that the cause of death is suffocation and shock due to ante mortem burns. It is submitted that it was the applicant who admitted the deceased in the hospital. Relevant information in this regard is filed as Annexure No.3 to the bail application. During inquest, the accused applicant was present as the first inquest witness. The informant was inquest No.3. There was no allegation of abetment on the applicant. In the statement of BAIL No. 9061 of 2025 2 prosecution witnesses, there is no allegation on the applicant. It is submitted that the deceased himself committed suicide. There is no eye witness to the incident. The statement of two children who were at home was not recorded by the investigating officer. The applicant has no previous criminal history. The applicant is in jail since 5.8.2025. It is further submitted that there is no possibility of the applicant of 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. 7.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. 8.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the statement of the two minor children of the deceased who were at home have not been recorded by the investigating officer, there is no other material collected by the prosecution to show that it was due to abetment of the applicant that the deceased committed suicide, prima facie ingredients to attract offence under section 108 BNS appear to be lacking, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 9.Let the applicant Anil Kumar Maurya, involved in Case Crime No.194 of 2025 under sections 85, 108 BNS, P.S. Risia, 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 BAIL No. 9061 of 2025 3 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 under Section 229-A I.P.C. (now 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 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 I.P.C. (now 209 BNS). BAIL No. 9061 of 2025 4 10.The application is allowed accordingly. September 24, 2025/kkb/ BAIL No. 9061 of 2025 5 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench