HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31469 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 140 of 2025, under Sections 85, 80(2) B.N.S. and Sections 3/4 D.P. Act, Police Station-Farenda, District-Maharajganj during the pendency of trial. 3-It is argued by learned counsel for the applicant that the applicant- Lal Bahadur Giri is father-in-law of the deceased and he has been falsely implicated in the present case. The marriage of the applicant's son, namely, Gulshan with the deceased was a love marriage, which was solemnized on 26.03.2024. They after eloping started living at Palakol (Andhra Pradesh). In the month of September, 2024, the health of the deceased-Khusboo Giri got deteriorated, accordingly, her treatment was going on in Andhra Pradhesh and her ultra- sonography was also done on 24.09.2024. It is next submitted that since the Gulshan was under financial crisis, therefore, the applicant had advised him and his daughter-in-law i.e. Khushboo Giri to return Maharajganj so that she may get a proper treatment. Accordingly, they both returned on 24.11.2024 and Khushboo Giri got admitted in KMC Digital Hospital, Maharajganj but during her treatment, she died in the hospital. The information about the said incident was immediately given to her parents, but they do not come. It is further submitted that after a week, complainant moved an application under Section 173(4) BNSS seeking direction to lodge an F.I.R. against the Versus Counsel for Applicant(s) : Abhai Singh, Virendra Singh Counsel for Opposite Party(s) : G.A. Lal Bahadur Giri .....Applicant(s) State of U.P. .....Opposite Party(s) applicant and his family members, in which the police of Police Station Farenda has sumitted its report on 12.01.2025 stating inter- alia that the deceased died on account of her illness in the hospital during her treatment. It is also mentioned that since the deceased has solemnized her marriage with Gulshan on her own will and against the wishes of her parents, therefore, despite receiving the information about the health of Khushboo, her parents did not come to the hospital to see her and later in order to falsely implicate the applicant and his family members, got the impugned F.I.R. lodged on concocted facts. Referring the inquest report, it is also argued that in the inquest proceedings as per the opinion of panch witnesses, deceased died in the hospital during her treatment. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history and is languishing in jail since 12.08.2025. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 4-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 6-Let the applicant-Lal Bahadur Giri, 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the BAIL No. 31469 of 2025 2 facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 7-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 15, 2025 Saurabh BAIL No. 31469 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad