High Court

2. Heard Sri Ashish Pandey, learned counsel for the applicant, Sri V.D. Ojha, learned AGA 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- Pankaj Alias Guddu, seeking enlargement on bail during trial in connection with Case Crime No. 226 of 2024, under Section 108 B.N.S., registered at P.S. Garautha, District Jhansi.

4. The F.I.R. of the matter was lodged on 16.11.2024 by Mahendra Singh against the applicant alleging therein that daughter of the informant aged about 19 years, was being troubled by the applicant since long and he used to do immoral actions with her. The informant had got marriage settled of his daughter in village Alampura where the applicant went and by his immoral talks, broke marriage. Many places marriage was settled but the applicant used to do immoral talks and broke the marriage. The applicant used to threaten them that they have to marry the girl with him. On 16.11.2024 at about 11.00 a.m. the girl committed suicide by hanging.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is a student of B.Tech (Plastic Tech.) in Harcourt Bultler Technical University, Nawabganj, Kanpur Nagar, para-15 of the affidavit has been placed for the same. It is submitted that investigation in the matter has concluded and charge sheet has been submitted against the applicant, para-13 of the affidavit has been placed for the same. It is submitted while placing para-16 of the affidavit that the applicant and the deceased were in love affair with each other but the informant was not happy with the relationship and had forced his daughter to marry someone else where marriage was fixed against her will due to which she committed suicide. It is further submitted that except one ligature mark no other bodily injury was found to have received on the person of the deceased and cause of death was opined as shock and asphyxia due to ante mortem hanging. Learned counsel for the applicant submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is argued that the applicant has no other criminal antecedents as stated in para-23 of the affidavit and is in jail since 20.11.2024.

6. Per contra, learned State counsel opposed the prayer for bail.

7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is a student. Investigation in the matter has concluded and charge sheet has been submitted against the applicant and as such there are no chances of the applicant tempering with the evidence or not co-operating with the investigation. The applicant and the deceased were in love with each other. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

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- Pankaj Alias Guddu, 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.

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. (Samit Gopal,J.) Order Date :- 24.4.2025 Naresh

2. Heard Sri Ashish Pandey, learned counsel for the applicant, Sri V.D. Ojha, learned AGA 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- Pankaj Alias Guddu, seeking enlargement on bail during trial in connection with Case Crime No. 226 of 2024, under Section 108 B.N.S., registered at P.S. Garautha, District Jhansi.

4. The F.I.R. of the matter was lodged on 16.11.2024 by Mahendra Singh against the applicant alleging therein that daughter of the informant aged about 19 years, was being troubled by the applicant since long and he used to do immoral actions with her. The informant had got marriage settled of his daughter in village Alampura where the applicant went and by his immoral talks, broke marriage. Many places marriage was settled but the applicant used to do immoral talks and broke the marriage. The applicant used to threaten them that they have to marry the girl with him. On 16.11.2024 at about 11.00 a.m. the girl committed suicide by hanging.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is a student of B.Tech (Plastic Tech.) in Harcourt Bultler Technical University, Nawabganj, Kanpur Nagar, para-15 of the affidavit has been placed for the same. It is submitted that investigation in the matter has concluded and charge sheet has been submitted against the applicant, para-13 of the affidavit has been placed for the same. It is submitted while placing para-16 of the affidavit that the applicant and the deceased were in love affair with each other but the informant was not happy with the relationship and had forced his daughter to marry someone else where marriage was fixed against her will due to which she committed suicide. It is further submitted that except one ligature mark no other bodily injury was found to have received on the person of the deceased and cause of death was opined as shock and asphyxia due to ante mortem hanging. Learned counsel for the applicant submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is argued that the applicant has no other criminal antecedents as stated in para-23 of the affidavit and is in jail since 20.11.2024.

6. Per contra, learned State counsel opposed the prayer for bail.

7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is a student. Investigation in the matter has concluded and charge sheet has been submitted against the applicant and as such there are no chances of the applicant tempering with the evidence or not co-operating with the investigation. The applicant and the deceased were in love with each other. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

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- Pankaj Alias Guddu, 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.

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. (Samit Gopal,J.) Order Date :- 24.4.2025 Naresh