HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39722 of 2025 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Mukesh Kumar Pandey and Ms. Sandhya Chaturvedi, learned counsels for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This second bail application under Section 483 BNSS has been filed by the applicant Vinod Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 287 of 2025, under Sections 85, 80(2) BNS and Section 3/4 Dowry Prohibition Act, registered at P.S. Phaphood, District Auraiya. 4. The first bail application of the applicant being Criminal Misc. Bail Application No. 37966 of 2025 was dismissed as withdrawn vide order dated 31.10.2025. 5. Learned counsel for the applicant argued as follows: (i) The applicant has been falsely implicated in the present case. (ii) The applicant is the father-in-law of the deceased Seema. (iii) The marriage of the deceased Seema was solemnized with Neeraj son of the applicant on 15.04.2022. (iv) General and omnibus allegations have been levelled against the applicant. (v) Postmortem examination report shows the cause of death is asphyxia as a result of antemortem hanging with single ligature mark. Versus Counsel for Applicant(s) : Sandhya Chaturvedi, Ansar Ahmad, Mukesh Kumar Pandey, Rajnish Kumar Srivastava, Siddharth Srivastava Counsel for Opposite Party(s) : G.A. Vinod Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) (vi) Mithlesh Kumari the mother-in-law of the deceased has been granted bail by this Court vide order dated 14.11.2025 passed in Criminal Misc. Bail Application No.39801 of 2025, copy of the said order has been produced before the Court for the same which is taken on record. (vii) Neeraj the husband of the deceased has also been granted bail by a co-ordinate Bench of this Court vide order dated 22.1.2026 passed in Criminal Misc. Bail Application No.39801 of 2025, copy of the said order has been produced before the Court for the same which is taken on record. (viii) The applicant has criminal history of one case which has been disclosed and explained in para-33 and 34 of the affidavit. (ix) The suicide note of the deceased also does not cast any allegation against the applicant or any of the accused. (x) The applicant is in jail since 15.8.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the deceased. The mother-in-law and husband of the deceased have been granted bail. The cause of death is asphyxia as a result of antemortem hanging. The suicide note of the deceased also does not cast any allegation against the applicant or any of the accused. 8. 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. 9. Let the applicant Vinod Kumar, 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. BAIL No. 39722 of 2025 2 (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. 10. 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. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. September 30, 2026 Naresh BAIL No. 39722 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad