Neutral Citation No. - 2025:AHC:120774 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9750 of 2025 Applicant :- Atul Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani,Raghvendra Pratap Singh,Sharique Ahmed Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed in the Court today is taken on record. 2. This is the second bail application moved on behalf of the applicant. 3. The first bail application of the applicant was rejected vide order dated 16.12.2024 by this Court in Criminal Misc. Bail Application No. 39270 of 2024. 4. Heard learned counsel for the applicant, learned AGA for the State- respondents and perused the record. 5. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Atul Dubey, seeking enlargement on bail in Case Crime No. 250 of 2024, under Sections 115(2), 351(3), 352, 74, 123 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Bidhnu, District- Kanpur Nagar. 6. There is allegation in the First Information Report that on 14.08.2024 at about 01:00-02:00 pm, the accused-applicant entered the house of the informant and started hurling abuses and assaulting his younger daughter (deceased) and left the house by giving life threat. On the next day, three named persons again came to the house of the informant and started assaulting and hurling abuses, being compelled, the daughter of the informant consumed poison. 7. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 10.09.2024. Learned counsel for the applicant submits that due to an old dispute between the parties regarding land, the applicant has been falsely implicated in this case. There is no independent eye witness of the alleged incident. It has been argued that the brother of the victim namely Arun Mishra in his statement has not levelled any allegations against the applicant and only stated that his neighbour informed that the victim has consumed poison. The victim has refused to get her statement recorded which fact has been duly recorded by the IO in CD 3 and 4 dated 22.08.2024 and 27.08.2024. Her statement was subsequently recorded after 17 days of the incident on 02.09.2024 under pressure of her father Raj Kumar Mishra. The prosecution version in the FIR is utterly false inasmuch it itself records absence of the members of the family in the house and only presence of the victim, yet the FIR alleges that life threats were given to the family members. The witnesses Shivpal, Ajay Kumar, Ankit Kumar, Prashant Shukla, Ramkaran and Mangli Prasad have not supported the FIR version. it is next argued that charge-sheet against the applicant has been submitted on 13.10.2024 under Sections 115(2), 351(3), 352, 123 & 74 B.N.S. The charges have yet not been framed and the trial has yet not commenced. The trial shall take considerable long time to conclude. He next submits that as per the statement of the doctor, the victim was admitted in the hospital on 14.08.2025 and after treatment she got discharged from the hospital on 18.08.2025 and expired on 03.09.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 8. Learned AGA has vehemently opposed the prayer for bail by submitting that the victim has nominated the applicant in her statements recorded under Sections 180 and 183 B.N.S.S. and has levelled direct allegations of feeding her poison against the applicant. 9. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 10. Accordingly, the bail application is allowed. 11. Let the accused-applicant, Atul Dubey, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. BAIL No. 9750 of 2025 2 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 12. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 23.7.2025 Anjali BAIL No. 9750 of 2025 3 Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad