Neutral Citation No. - 2025:AHC:90154 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18109 of 2025 Applicant :- Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Manoj Singh, learned counsel for the applicant, 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 Bablu, seeking enlargement on bail during trial in connection with Case Crime No. 477 of 2024, under Section(s) 80(2), 85, 115(2), 352, 351(2) B.N.S. and Section 3/4 Dowry Prohibition Act, registered at P.S. Gonda, District- Aligarh. 4. Learned counsel for the applicant submitted that the applicant is the devar of the deceased and he has been falsely implicated in the present case. It is argued that marriage of the deceased/Smt. Urmila Devi @ Bhoori was solemnized with Pawan the son of the applicant on 13.06.2022. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued that cause of death could not be ascertained and viscera was preserved in which after examination "Aluminum Phosphide Poison" was found, copy of viscera report has been placed before the Court which is annexure no. S.A.-1 to the supplementary affidavit dated 06.05.2025. It is further argued that in the postmortem examination report, no external injury was seen all over body of the deceased which is also suggestive of the fact that the deceased died due to suicide. It is argued that the applicant has been made accused in the present case because of he being a family member of the husband of the deceased. The applicant is having no criminal history as stated in para 22 of the affidavit and is in jail since 27.2.2025. It is also argued that father-in-law of the deceased namely Ramvir has been granted bail by a co-ordinate Bench of this Court vide order dated 19.5.2025 passed in Criminal Misc. Bail Application No. 14788 of 2025, further co-accused Smt. Rajendri Devi the mother-in-law of the deceased has also been granted bail by this Court vide order dated 20.05.2025 passed in Crl. Misc. Bail Application No. 13952 of 2025 (Smt. Rajendri Devi Vs. State of U.P.), copy of both the orders have been produced before the Court which are taken on record. 5. Per contra, learned counsel for the State has opposed the prayer for bail but could not dispute the fact that the co-accused Ramvir the father-in-law and Smt. Rajendri Devi the mother-in-law of the deceased have been granted bail. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is devar of the deceased. Co-accused Ramvir the father-in-law and Smt. Rajendri Devi the mother-in-law of the deceased have been granted bail. Cause of death could not be ascertained and viscera was preserved in which after examination "Aluminum Phosphide Poison" was found. In the postmortem examination report, no external injury was seen all over body of the deceased. 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- Bablu, 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. Order Date :- 27.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad