HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17821 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Manvendra Nath Singh, learned counsel for the applicant, Sri Sharique Ahmed, learned counsel for the first informant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. 3. This second bail application under Section 483 of B.N.S.S. has been filed by the applicant- Arshad Husain, seeking enlargement on bail during trial in connection with Case Crime No.195 of 2024, under Section(s) 85, 80, 115(2), 351(2) B.N.S. and 3/4 Dowry Prohibition Act, 1961, registered at P.S. Rail Bazar, District Kanpur Nagar. 4. The first bail application of the applicant being Criminal Misc. Bail Application No. 10431 of 2025 was dismissed as withdrawn by this Court vide order dated 23.4.2025. 5. Learned counsel for the applicant argued that applicant is father-in-law of the deceased. It is argued that marriage of the deceased/Smt.Alisha the daughter of the first informant was solemnized with Atif Husain the son of the applicant on 03.10.2023. It is argued that general and omnibus allegations have been levelled against all the accused persons. It is argued that the husband of the deceased has been arrested and is in jail. It is further argued that except ligature mark on the body of the deceased there was no other bodily injury and cause of death of the deceased as opined Versus Counsel for Applicant(s) : Manvendra Nath Singh Counsel for Opposite Party(s) : G.A., Sharique Ahmed Arshad Husain .....Applicant(s) State of U.P. .....Opposite Party(s) by the doctor is asphyxia as a result of ante mortem hanging. It is further argued that the applicant has been falsely implicated in the present case only being the family member of the husband of the deceased. It is further submitted while placing para-15 of the affidavit that charge sheet no.28 of 2025, dated 2.3.2025 in the matter has been against the the applicant and husband only whereas names of four other accused persons have been exonerated whereas investigation with regards to Reshma Begum the mother-in-law of the deceased is pending. It is submitted that It is argued that the applicant has no other criminal antecedents as stated in para- 25 of the affidavit and is in jail since 10.12.2024. 6. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is father-in-law of the deceased. The husband of the deceased is in jail. Except ligature mark on the body of the deceased there was no other bodily injury and cause of death of the deceased as opined by the doctor is asphyxia as a result of ante mortem hanging. The applicant has no criminal antecedents. Charge sheet in the matter against the husband and the applicant has been submitted. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Arshad Husain, be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. BAIL No. 17821 of 2025 2 (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. October 29, 2025 Naresh BAIL No. 17821 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad