Allahabad High Court

2. Heard Ms. Pooja Srivastava, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Kaleem, seeking enlargement on bail during trial in connection with Case Crime No.293 of 2025, under Sections 108, 352, 351(3) BNS, 2023, Police Station Bhadohi, District Bhadohi.

4. The FIR of the matter was lodged on 20.06.2025 by Shahenshah on the basis of an application moved under Section 173(4) BNSS dated 3.4.2025 against the applicant and three other persons alleging therein that the applicant on a false promise to marry his sister aged about 21 years, established physical relationship with her and clicked her indecent photo and also made a video. He used to threaten her for the same. When his sister made a complaint to the family members, they went to the house of the applicant and made complaint therein on which they were threatened. The marriage was then refused and they were abused, pushed and threatened. Due to the same, his sister 2 BAIL No. 32233 of 2025 became disappointed and frustrated and committed suicide on

26.3.2025 at about 7.30 a.m. He tried to lodged the FIR but could not be lodged. He then gave an application to the S.P., Bhadohi by a registered post but no action has been taken. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the deceased was major woman aged about 21 years. There was some discussion of marriage between the deceased and the applicant for marriage which could not materialize. The deceased committed suicide, the same is also suggestive of the postmortem report wherein the doctor found a single ligature mark on her body and the cause of death was opined as cardio respiratory arrest due to ante mortem hanging. It is further argued 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. While placing para no.11 of the affidavit in support of bail application, it is argued that no such indecent photograph or video has been recovered during investigation. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit. The applicant is in jail since 5.8.2025.

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

7. After hearing the counsel for the parties and perusing the record, it is evident that there was some relationship between the applicant and the victim on some discussion of marriage. The same could not materialize and thus the deceased committed suicide. Except for the ligature mark, there is no other bodily injury. The deceased was 21 years of age as per FIR itself. 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 3 BAIL No. 32233 of 2025 mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased.

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-Kaleem, 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 she/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 her/him 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 her/him, in accordance with law, under section 209 BNS,

2023. (v) The applicant shall remain present, in person, before the trial 4 BAIL No. 32233 of 2025 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 her/him in accordance with law and the trial court may proceed against her/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 26, 2025 Gaurav Kuls (Samit Gopal,J.)

2. Heard Ms. Pooja Srivastava, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant-Kaleem, seeking enlargement on bail during trial in connection with Case Crime No.293 of 2025, under Sections 108, 352, 351(3) BNS, 2023, Police Station Bhadohi, District Bhadohi.

4. The FIR of the matter was lodged on 20.06.2025 by Shahenshah on the basis of an application moved under Section 173(4) BNSS dated 3.4.2025 against the applicant and three other persons alleging therein that the applicant on a false promise to marry his sister aged about 21 years, established physical relationship with her and clicked her indecent photo and also made a video. He used to threaten her for the same. When his sister made a complaint to the family members, they went to the house of the applicant and made complaint therein on which they were threatened. The marriage was then refused and they were abused, pushed and threatened. Due to the same, his sister 2 BAIL No. 32233 of 2025 became disappointed and frustrated and committed suicide on

26.3.2025 at about 7.30 a.m. He tried to lodged the FIR but could not be lodged. He then gave an application to the S.P., Bhadohi by a registered post but no action has been taken. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the deceased was major woman aged about 21 years. There was some discussion of marriage between the deceased and the applicant for marriage which could not materialize. The deceased committed suicide, the same is also suggestive of the postmortem report wherein the doctor found a single ligature mark on her body and the cause of death was opined as cardio respiratory arrest due to ante mortem hanging. It is further argued 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. While placing para no.11 of the affidavit in support of bail application, it is argued that no such indecent photograph or video has been recovered during investigation. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit. The applicant is in jail since 5.8.2025.

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

7. After hearing the counsel for the parties and perusing the record, it is evident that there was some relationship between the applicant and the victim on some discussion of marriage. The same could not materialize and thus the deceased committed suicide. Except for the ligature mark, there is no other bodily injury. The deceased was 21 years of age as per FIR itself. 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 3 BAIL No. 32233 of 2025 mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased.

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-Kaleem, 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 she/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 her/him 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 her/him, in accordance with law, under section 209 BNS,

2023. (v) The applicant shall remain present, in person, before the trial 4 BAIL No. 32233 of 2025 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 her/him in accordance with law and the trial court may proceed against her/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 26, 2025 Gaurav Kuls (Samit Gopal,J.)