Neutral Citation No. - 2025:AHC:68594 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9743 of 2025 Applicant :- Vijay And Another Opposite Party :- State of U.P. Counsel for Applicant :- Diwas Verma,G.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri G.S. Chauhan, learned counsel for the applicants and Sri V.D. Ojha, 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 applicants- Vijay and Suman, seeking enlargement on bail during trial in connection with Case Crime No. 87 of 2024, under Sections 85, 80(2) B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Sisamau, District Central (Commissionerate Kanpur Nagar). 4. Learned counsel for the applicants argued as follows:- (i) The applicants have been falsely implicated in the present case. (ii) The applicant no.1 Vijay is the father-in-law and the applicant no.2 Suman is the mother-in-law of the deceased Smt. Shivani. (iii) The marriage of the deceased Shivani was solemnized with Aman Kumar the son of the applicants around four years back. (iv) General and omnibus allegations have been levelled against the applicants. (v) It is submitted that the applicants are not named in the first information report which has been lodged against Aman the husband of the deceased. It is further submitted that the implication of the applicants has surfaced in the present matter during investigation when an application dated 16.12.2024 was given by the informant to the police wherein they were named. It is submitted that the first information report of the present matter has been lodged on 04.10.2024 but the said application has been given after two months of the incident and then the applicants have been named. It is submitted that the statement of the informant recorded under Section 180 B.N.S.S. goes to show that the deceased was having some influence towards occult science and was in contact with some tantrik baba and she stabbed herself. It is submitted that the single injury is the stab wound which is the cause of death. (vi) The applicants have no criminal history as stated in para 28 and is in jail since 18.12.2024. (viii) The applicant no.2 is a lady and she is entitled to the benefit of Section 480 B.N.S.S. 5. Per contra, learned counsel for the State opposed the prayer for bail. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are the father-in-law and mother-in-law of the deceased. The applicant no.2 is a lady. 7. 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 applicants may be enlarged on bail. 8. Let the applicants- Vijay and Suman, 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicants 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 applicants shall file an undertaking to the effect that 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 applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 84 BNSS, 2023 may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 209 BNS, 2023. (v) The applicants 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 applicants are 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 them in accordance with law and the trial court may proceed against them 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 applicants. 9. 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 applicants to prison. 10. The bail application is allowed. 11. Pending application(s), if any, shall stand disposed of. Order Date :- 1.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad