HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23871 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Rejoinder affidavit filed by the applicant is taken on record. 2. Heard Ms. Shweta Pandey, advocate holding brief of Ms. Punita Pandey, learned counsel for the applicant, Sri Pankaj Bharti, learned counsel for the informant and Sri Vijay Kumar, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.412 of 2025, under Sections 80(2), 85, 103(1), 3(5) BNS and Section 3/4 DP Act, Police Station Bhopa, District Muzaffarnagar, during pendency of the trial. 4. Learned counsel appearing for the applicant submits, applicant is brother-in-law i.e. devar of the deceased and on the basis of false allegation he has been made accused in the present matter. She next submits, being unmarried devar of the deceased applicant was not having any concern with the family affairs of the deceased. 5. She further submits, actually dispute was pending between husband and wife i.e. deceased and it reflects, on the date of incident husband of the deceased badly beaten her and thereafter compressed her neck due to which she died and after her death applicant, being younger brother of applicant, has also been made accused in the present matter. 6. She further submits, however apart from the present case applicant is having criminal history of one another case but that case relates to Versus Counsel for Applicant(s) : Punita Pandey Counsel for Opposite Party(s) : G.A., Pankaj Bharti Waris .....Applicant(s) State of U.P. .....Opposite Party(s) cheating. 7. She further submits, in the present matter he is in jail since 12.01.2026 i.e. for last eight months. 8. She further argued, therefore considering the facts of the case, applicant may be enlarged on bail. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit, postmortem report of the deceased suggests, she sustained as many as nine injuries and as per autopsy surgeon she died due to compression of neck therefore prima facie it appears to be a case of homicidal death but could not dispute the fact that applicant is unmarried devar of the deceased and there is no specific allegation against him. They also could not dispute the fact that in the present matter applicant is in jail for last more than eight months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, from the postmortem report it reflects, deceased who was bhabhi of applicant, sustained as many as nine injuries and she died due to compression of neck but applicant is her unmarried devar and there is no specific allegation against him. Considering the fact that applicant is devar of the deceased, the argument advanced by learned counsel for the applicant that being devar of the deceased applicant was not having any concern with her family affairs and only due to this reason he has been made accused cannot be ruled out at this stage. 12. Further, apart from the present case applicant is having criminal history of one another case but that case relates to minor offense. 13. Further, in the present matter applicant is in jail since 12.01.2026 i.e. for last more than eight months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the BAIL No. 23871 of 2026 2 case, the instant bail application is allowed. 16. Let the applicant - Waris be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 28, 2026 Shahroz BAIL No. 23871 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad