Neutral Citation No. - 2025:AHC:79455 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13368 of 2025 Applicant :- Padam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,Tiwari Ajay Kumar Counsel for Opposite Party :- G.A.,Piyush Kumar Pandey,Vinay Kumar Mishra Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Anurag Shukla, learned counsel for the applicant, Sri Vinay Kumar Mishra, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Padam Singh, seeking enlargement on bail during trial in connection with Case Crime No. 851 of 2024, under Sections 85, 80 B.N.S. and 3/4 D.P. Act, registered at P.S. Dibiyapur, District- Auraiya. 4. Learned counsel for the applicant argued that applicant is father- in-law of the deceased. It is argued that marriage of the deceased/Pranshi with Nishant@Nishu the son of the applicant was solemnized on 31.12.2021. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued that the husband of the deceased has been arrested on 02.01.2025 and since then he is in jail, para no. 17 of the affidavit has been placed for the same. It is submitted while placing para-26 of the affidavit that after investigation a charge sheet dated 02.3.2025 under Sections 85, 80 BNS and 3/4 D.P. Act has been submitted against the applicant/Padam Singh, Nishant@Nishu (husband) and Pramila whereas three accused persons named in the F.I.R. namely Shipra Jain, Ratan Chandra and Sunil Kumar have been exonerated in the present case. It is further argued that cause of death of the deceased as opined by the doctor is asphyxia due to 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. It is argued that the applicant has no other criminal antecedents as stated in para-27 of the affidavit and is in jail since 02.1.2025. 5. Per contra, learned State counsel opposed the prayer for bail. 6. After having heard learned counsels for the parties and perusing the record, it is evident that applicant is father-in-law of the deceased. General and omnibus allegations have been levelled against all the accused persons including the applicant. The husband of the deceased has been arrested on 02.01.2025 and since then he is in jail. Cause of death of the deceased is asphyxia due to ante mortem hanging. Charge sheet in the matter has been submitted against three named accused i.e. Padam Singh, Nishant@Nishu (husband) and Pramila whereas the other three named accused in the F.I.R. namely Shipra Jain, Ratan Chandra and Sunil Kumar have been exonerated. 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 applicant may be enlarged on bail. 8. Let the applicant- Padam Singh, 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 :- 14.5.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad