Neutral Citation No. - 2025:AHC:67413 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14298 of 2025 Applicant :- Vijay Singh Pushkar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Sri R.K. Gautam, learned counsel appears on behalf of the first informant and submits that he has filed vakalatnama in the office on 29.04.2025. The same is not on record. 3. Office to trace out the same and place it on record and make a note in the order sheet about it. 4. Heard Sri Amit Misra, learned counsel for the applicants, Sri R.K. Gautam, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 5. This bail application under Section 483 BNSS has been filed by the applicants Vijay Singh Pushkar and Smt. Chandrakanta, seeking enlargement on bail during trial in connection with Case Crime No. 85 of 2025, under Sections 85, 80(2), 115(2) BNS and Section 3/4 D.P. Act, registered at P.S. Kotwali, District Hathras. 6. Learned counsel for the applicants argued as follows: (i) The applicants have been falsely implicated in the present case. (ii) The applicant no.1 is the fater-in-law and the applicant no.2 is the mother-in-law of the deceased Anjali. (iii) The marriage of the deceased Anjali was solemnized with Abhishek son of the applicants on 04.05.2023. (iv) General and omnibus allegations have been levelled against the applicants. (v) The postmortem report shows that the cause of death of the deceased is asphyxia as a result of antemortem hanging. Although one abrasion and one multiple abrasion were also found on the body of the deceased but they did not contribute to her death. (vi) Abhishek the husband of the deceased is in jail. (vii) The applicants have no criminal history as stated in para 30 of the affidavit and are in jail since 10.03.2025. (viii) Investigation of the matter has concluded and charge sheet has been submitted against the applicants, para 18 of the affidavit has been placed before the Court. (ix) The applicant no.2 is a lady and she is entitled to the benefit of Section 480 BNSS. 7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the deceased died within seven years of marriage in her matrimonial house. The applicants are named in the FIR and there are allegations against them. 8. 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 cause of death is asphyxia as a result of antemortem hanging. Abhishek the husband of the deceased is in jail. The applicant no. 2 is a lady. Charge sheet in the matter has been submitted against the applicants. 9. 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. 10. Let the applicants Vijay Singh Pushkar and Smt. Chandrakanta, 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 them 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. 11. 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. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. Order Date :- 30.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad