Neutral Citation No. - 2025:AHC:67438 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9385 of 2025 Applicant :- Kashi Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pankaj Srivastava holding brief of Sri Gyanendra Prakash Srivastava, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant-Kashi, seeking enlargement on bail during trial in connection with Case Crime No.06 of 2025, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Ranipur, District Mau. 4. The first information report of the present matter was lodged on 7.1.2025 by Vishram Ram Pasi against Guddi Devi, Bechu Pasi and Smt. Pooja with the allegation that the marriage of his daughter Mala was solemnized with Kashi Paswan, (the applicant) around three years ago. On 7.1.2025 his daughter was murdered by her mother-in-law Guddi Devi, father-in-law Bechu Pasi and jethani Pooja. A report be lodged and action be taken. 5. The postmortem of the deceased Mala Devi was conducted on 8.1.2025 wherein the doctor found a ligature mark on her body and a lacerated wound on the right side of forehead of size 1 cm x 0.5 cm. was found. The cause of death has been opined as asphyxia due to ante-mortem hanging. 6. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is submitted that the applicant is not named in the FIR. It is further submitted that the first informant Vishram Ram Pasi in his statement recorded under Section 180 BNSS also does not name the applicant as an accused. Subsequently the statement of Smt. Santara Devi, the wife of the first informant and mother of the deceased was recorded in which the applicant and three other accused persons were named in which common, general and omnibus allegations have been levelled against all the four accused persons. Subsequently the statement of Raj Kumar, the brother of the deceased was also recorded who has also reiterated the same version as given by Santra Devi. Thus naming the applicant in the present matter is an afterthought. Even otherwise the deceased committed suicide and died which would be suggestive from the postmortem examination report wherein the cause of death was asphyxia as a result of ante- mortem hanging and there was a corresponding ligature mark to it. In so far as the lacerated wound on the body of the deceased is concerned, the same is of a very small dimension and did not contribute to her death. It is submitted that the applicant has no criminal history as stated in para 20 and is in jail since 24.2.2025. 7. Per contra, learned counsel for the State vehemently opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the the applicant is the husband of the deceased who is not named in the FIR. The first informant in his statement recorded under Section 180 BNSS also does not name the applicant as an accused. Subsequently Smt. Santara Devi, the wife of the first informant and mother of the deceased and Raj Kumar, the brother of the deceased named the applicant along with three other persons. Common, general and omnibus allegations have been levelled against the applicant. The cause of death is asphyxia as a result of ante-mortem hanging which has a corresponding ligature mark on it. Lacerated wound on the body of the deceased did not contribute to her death and is a small injury. 9. 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. 10. Let the applicant-Kashi, 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. (iii) The applicant shall file an undertaking to the effect that he/they 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 (s) 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 (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, 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 (s) 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/them 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. 11. 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. 12. The bail application is allowed. 13. Pending application (s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 30.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad