HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12319 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.403 of 2025, under sections 108 BNS, P.S. Phardhan, District Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of informant was married to the applicant around three years ago. Subsequently son in law of the informant had illicit relationship with the cousin sister of the informant and they were seen in compromising position which was opposed by daughter of the informant. Subsequently it was alleged that daughter of informant was killed by the applicant and hanged. Cause of death as per post mortem report is ante mortem hanging. Applicant is being prosecuted for offence under Section 108 BNS. 4. Learned AGA has opposed the bail application. 5. Considering the post mortem report prima facie abetment at the instance of the applicant as defined in BNS Act is missing. 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, however, without commenting upon the merits of the case, the applicant who is in jail since 19.10.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Dr. Surendra Kumar Misra Counsel for Opposite Party(s) : G.A. Ambesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 6. Let the applicant Ambesh 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. December 10, 2025 J. K. Dinkar BAIL No. 12319 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench