Neutral Citation No. - 2025:AHC:60208 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11285 of 2025 Applicant :- Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pramod Kumar Pandey, learned counsel for the applicant, Sri Satya Prakash Singh, learned counsel for the first informant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the record. 3. This bail application under Section 483 B.N.S.S. has been filed by the applicant Devendra, seeking enlargement on bail during trial in connection with Case Crime No. 101 of 2025, under Sections 85, 351(3), 80(2) B.N.S. and Section 3/4 D.P. Act, P.S.- Chandpur, District Bijnor. 4. Learned counsel for the applicant submitted that applicant is father-in-law of the deceased. It is argued that marriage of Sanjana the daughter of the first informant was solemnized with Vivek the son of the applicant around two years back. It is submitted that that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is submitted that the husband of the deceased has been arrested and is in jail. It is further submitted that the deceased committed suicide and died which is consistent with the post mortem examination report which shows a single ligature mark on her body and cause of death of the deceased as opined by the doctor is asphyxia as a result of ante mortem hanging. It is further argued that the applicant has been falsely implicated in the present case only being the family member of the husband of the deceased. While placing para-9 of the affidavit it is submitted that a "Faisalanama" between the parties have already been executed wherein the first informant states that he does not want any legal action against the accused persons of the F.I.R. and he wants to settle the dispute. It is argued that the applicant has no other criminal antecedents as stated in para- 23 of the affidavit and is in jail since 05.3.2025. 5. Learned counsel for the first informant is present who has placed before the Court a short counter affidavit dated 7.4.2025 which is already on record, and submits that the parties have entered into compromise and a "Faisalanama" dated 06.3.2025 has been executed and the parties have informed Sanjay who is deponent of the said short counter affidavit, that the first informant does not want to proceed with the said case, para nos. 3 and 4 and annexure no. SCA-1 of the short counter affidavit have been placed before the Court for the same. 6. Per contra, learned AGA has opposed the prayer for bail but could not dispute the arguments as aforesaid. 7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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 and the compromise between the parties, this Court is of the view that the applicant may be enlarged on bail. 8. Let the applicant- Devendra, 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 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 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 fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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 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 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. 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 applicant to prison. 10. The bail application is allowed. 11. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 22.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad