State of U.P v. Party

2. Heard Sri Dinesh Kumar, learned counsel for the applicant, Sri Birendra Pratap Singh, 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-Aftab, seeking enlargement on bail during trial in connection with Case Crime No.105 of 2024, u/s 108, 85 of BNS, P.S. Kon, District Sonbhadra.

4. The FIR of the matter was lodged on 15.9.2024 by Mohd. Yasin Ali against the applicant and three other persons alleging therein that his daughter Sabiha Bano was married to the applicant in the year 2017. After marriage the accused persons were demanding motorcycle and Rs.1 lakh as dowry and used to torture and assault her. He had given gifts and Rs.1,20,000/- at the time of marriage. The accused persons were demanding additional dowry to which he expressed his inability. Due to torture, his daughter committed suicide by hanging herself on

13.9.2024 at about 12 a.m. A report be lodged and action be taken. 2 BAIL No. 25059 of 2025

5. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is further argued that postmortem examination report of the deceased goes to show that she received a single ligature mark on her body and cause of death is asphyxia as a result of hanging which is also suggestive of suicide. The deceased and the applicant had two children from the wedlock and were leading a happy married life. It is further argued that co-accused Rahimuddin and Khushbun have been granted bail by coordinate Bench of this Court vide orders dated

4.2.2025 and 12.5.2025 passed in Criminal Misc. Bail Application Nos.388 of 2025 and 4838 of 2025, copy of the said orders are annexed as Annexure No.6 to the affidavit filed in support of bail application. 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. It has also been pointed out that the applicant is not having any criminal history as stated in para 24 of the affidavit. The applicant is in jail since

15.9.2024.

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 the deceased was found to have received a single ligature mark on her body and cause of death is asphyxia as a result of hanging. The marriage of the deceased with the applicant was solemnized around seven years ago. Co-accused Rahimuddin and Khushbun have been granted bail. 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. 3 BAIL No. 25059 of 2025

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-Aftab, 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 court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 4 BAIL No. 25059 of 2025

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 24, 2025 Gaurav Kuls (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Dinesh Kumar, learned counsel for the applicant, Sri Birendra Pratap Singh, 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-Aftab, seeking enlargement on bail during trial in connection with Case Crime No.105 of 2024, u/s 108, 85 of BNS, P.S. Kon, District Sonbhadra.

4. The FIR of the matter was lodged on 15.9.2024 by Mohd. Yasin Ali against the applicant and three other persons alleging therein that his daughter Sabiha Bano was married to the applicant in the year 2017. After marriage the accused persons were demanding motorcycle and Rs.1 lakh as dowry and used to torture and assault her. He had given gifts and Rs.1,20,000/- at the time of marriage. The accused persons were demanding additional dowry to which he expressed his inability. Due to torture, his daughter committed suicide by hanging herself on

13.9.2024 at about 12 a.m. A report be lodged and action be taken. 2 BAIL No. 25059 of 2025

5. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is further argued that postmortem examination report of the deceased goes to show that she received a single ligature mark on her body and cause of death is asphyxia as a result of hanging which is also suggestive of suicide. The deceased and the applicant had two children from the wedlock and were leading a happy married life. It is further argued that co-accused Rahimuddin and Khushbun have been granted bail by coordinate Bench of this Court vide orders dated

4.2.2025 and 12.5.2025 passed in Criminal Misc. Bail Application Nos.388 of 2025 and 4838 of 2025, copy of the said orders are annexed as Annexure No.6 to the affidavit filed in support of bail application. 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. It has also been pointed out that the applicant is not having any criminal history as stated in para 24 of the affidavit. The applicant is in jail since

15.9.2024.

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 the deceased was found to have received a single ligature mark on her body and cause of death is asphyxia as a result of hanging. The marriage of the deceased with the applicant was solemnized around seven years ago. Co-accused Rahimuddin and Khushbun have been granted bail. 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. 3 BAIL No. 25059 of 2025

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-Aftab, 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 court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 4 BAIL No. 25059 of 2025

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 24, 2025 Gaurav Kuls (Samit Gopal,J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad