State of U.P v. Party

2. Heard Sri Jawad Tariq, learned counsel for the applicant, Sri Mohd Shahrukh Wasim Ansari, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Amitabh Bachchan @ Nilesh, seeking enlargement on bail during trial in connection with Case Crime No. 0354 of 2025, under Sections 108 B.N.S., Police Station Firozabad North, District Firozabad.

4. The first information report of the present matter was lodged on 04.06.2025 on the basis of an application dated 07.04.2025 moved under Section 173 (4) B.N.S.S. by Smt. Sheela Devi against the applicant Amitabh Bachchan @ Nilesh alleging therein that her daughter Smt. Krishna was married to the applicant around 09 years back. After marriage the applicant used to assault her in a condition of intoxication and used to keep her hungry and used to torture her. There was panchayat collected many times for settling the dispute. The applicant used to demand money for gambling and intoxication from the deceased. On 31.03.2025 at about 4 pm Smt. Krishna her daughter called her on phone and told her that since 2 pm the applicant is assaulting her and threatening her of murdering her. She immediately told the same to her son who had gone to Rajasthan. At 2 BAIL No. 25292 of 2025 about 5 pm Smt. Rachna the jethani of her daughter informed her that Smt. Krishna has been murdered.

5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the allegation of assault on the deceased does not corroborate from the medical evidence as the doctor found a single ligature mark on her body who specifically noted therein that there was no other external injury seen all over the body and the cause of death was opined as asphyxia as a result of hanging. It is submitted that during investigation Nandini daughter of the applicant and the deceased was interrogated who has stated that her mother committed suicide inside room and then she informed the applicant who came and then opened the room. It is 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. The applicant has no criminal history as stated in para 34 of the affidavit and is in jail since 07.06.2025.

6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant submitted that due to constant torture and assault on the deceased by the applicant she committed suicide.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the deceased was not found to have received any bodily injury. She was found to have received single ligature mark on the body and the cause of death was asphyxia as a result of hanging. 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 3 BAIL No. 25292 of 2025 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- Amitabh Bachchan @ Nilesh, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 4 BAIL No. 25292 of 2025

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 25, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Jawad Tariq, learned counsel for the applicant, Sri Mohd Shahrukh Wasim Ansari, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Amitabh Bachchan @ Nilesh, seeking enlargement on bail during trial in connection with Case Crime No. 0354 of 2025, under Sections 108 B.N.S., Police Station Firozabad North, District Firozabad.

4. The first information report of the present matter was lodged on 04.06.2025 on the basis of an application dated 07.04.2025 moved under Section 173 (4) B.N.S.S. by Smt. Sheela Devi against the applicant Amitabh Bachchan @ Nilesh alleging therein that her daughter Smt. Krishna was married to the applicant around 09 years back. After marriage the applicant used to assault her in a condition of intoxication and used to keep her hungry and used to torture her. There was panchayat collected many times for settling the dispute. The applicant used to demand money for gambling and intoxication from the deceased. On 31.03.2025 at about 4 pm Smt. Krishna her daughter called her on phone and told her that since 2 pm the applicant is assaulting her and threatening her of murdering her. She immediately told the same to her son who had gone to Rajasthan. At 2 BAIL No. 25292 of 2025 about 5 pm Smt. Rachna the jethani of her daughter informed her that Smt. Krishna has been murdered.

5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the allegation of assault on the deceased does not corroborate from the medical evidence as the doctor found a single ligature mark on her body who specifically noted therein that there was no other external injury seen all over the body and the cause of death was opined as asphyxia as a result of hanging. It is submitted that during investigation Nandini daughter of the applicant and the deceased was interrogated who has stated that her mother committed suicide inside room and then she informed the applicant who came and then opened the room. It is 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. The applicant has no criminal history as stated in para 34 of the affidavit and is in jail since 07.06.2025.

6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant submitted that due to constant torture and assault on the deceased by the applicant she committed suicide.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the deceased was not found to have received any bodily injury. She was found to have received single ligature mark on the body and the cause of death was asphyxia as a result of hanging. 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 3 BAIL No. 25292 of 2025 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- Amitabh Bachchan @ Nilesh, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 4 BAIL No. 25292 of 2025

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 25, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad