HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8637 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed today is taken on record 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No.127 of 2024 , under Sections 108 BNS, P.S. Sadullanagar, District Balrampur. 4. Learned counsel for the applicant argues that this is the second bail application. The first bail application was rejected on 21.5.2025. 5. While arguing the second bail application learned counsel for the applicant argues that in terms of FIR the allegations were that the daughter of the informant was being kept by the applicant without marring with her and all accused used to beat her because of which she committed suicide. 6. Learned A.G.A. for the State draws my attention to the to the nature of injuries indicated in the post mortem report, however the cause of death as per post mortem report is ante mortem hanging. 7. As the applicants are being prosecuted for the alleged offence under Section 108 BNS prima facie abetment as defined in the BNS is apparently missing. In addition thereto after the rejection of the first bail application the trial has not started. Versus Counsel for Applicant(s) : Ravindra Kumar Singh, Kuldeep Counsel for Opposite Party(s) : G.A. Ghanshyam Chauhan .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. .....Opposite Party(s) 8. Learned AGA has opposed the bail application. 9. Considering the law laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and Anr vs Inspector of Police, 2022 SCC Online SC 1387 and the fact that trial has not started, however, without commenting upon the merits of the case, the applicant who is in jail since 25.10.2024 and his criminal history duly explained in paragraph 27 of the bail application, which are minor offences, is entitled to be enlarged on bail. In view thereof, the application is allowed. 10. Let the applicant Ghanshyam Chauhan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 27, 2025 J. K. Dinkar BAIL No. 8637 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench