Neutral Citation No. - 2025:AHC:60279 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11176 of 2025 Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sadrul Islam Jafri, learned counsel for the applicant, Sri Mohammad Sakir, learned counsel for the first informant, Sri V.D. Ojha, learned A.G.A. for the State and perused the record. 3. This bail application under Section 483 B.N.S.S. has been filed by the applicant Irshad, seeking enlargement on bail during trial in connection with Case Crime No. 217 of 2024, under Sections 85, 115(2), 123, 80(2) B.N.S. and Section 3/4 D.P. Act, P.S.- Inchauli, District Meerut. 4. Learned counsel for the applicant submitted that applicant is father-in-law of the deceased. It is argued that marriage of Sadiya the daughter of the first informant, with Mohammad the son of the applicant on 16.4.2024. 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 was found to have received no injury on her body and viscera was preserve. 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. It is submitted that Pammi alias Shameem the mother-in-law of the deceased, has been granted bail by a co-ordinate Bench of this Court vide order dated 12.3.2025 passed in Criminal Misc. Bail Application No. 3414 of 2025, copy of the said order is annexure no. 11 to the affidavit in support of bail application. It is submitted that the applicant has no other criminal antecedents as stated in para- 28 of the affidavit and is in jail since 01.01.2025. 5. Learned counsel for the first informant submits that viscera has been examined and as per its report "Aluminum Phosphide poison" was found. It is submitted that the prayer for bail be rejected. 6. Per contra, learned AGA has also opposed the prayer for bail. 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 co-accused Pammi alias Shameem the mother-in-law of the deceased, has been granted bail, this Court is of the view that the applicant may also be enlarged on bail. 8. Let the applicant- Irshad, 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