State of U.P v. Party

2. Heard Sri Umesh Chandra Prajapati, learned counsel for the applicant, Sri Sandeep Kumar Dubey, learned panel lawyer of the High Court Legal Services Committee and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Office to trace out the vakalatnama of Sri Sandeep Kumar Dubey and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Kamlesh Kushwaha, seeking enlargement on bail during trial in connection with Case Crime No. 38 of 2025, under Section 108 BNS, registered at Police Station Katera, District Jhansi.

5. The FIR of the matter was lodged on 24.05.2025 by Pramod Kushwaha against the applicant and three other persons alleging therein that his daughter Arti Kushwaha committed suicide on 24.05.2025 at about 10:00 am as the accused persons used to assault, abuse her and torture her physically and mentally. They used to make her work like labour in the house and did not let her to talk with her family members. She was married with Hanumat Kushwaha on 10.05.2024 and had three children. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the devar of the deceased. It is submitted that the deceased committed suicide which is suggestive from the postmortem examination report wherein the doctor has found a single ligature mark and the cause of death opined as asphyxia as a result of antemortem hanging. It is submitted that the allegations against the applicant are totally false and baseless. It is submitted that the present marriage of the deceased was a second 2 BAIL No. 28083 of 2025 marriage and she used to remain depressed because of the said reason, para 18 of the affidavit has been placed before the Court. 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. It is submitted that the applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 25.05.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the suicide note of the deceased goes to show that the applicant is named and there are allegations of exhorting his brother Hemant Kushwaha against the deceased due to which she committed suicide later.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the devar of the deceased. 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.

9. 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.

10. Let the applicant Kamlesh Kushwaha, 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. 3 BAIL No. 28083 of 2025 (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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. October 6, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Umesh Chandra Prajapati, learned counsel for the applicant, Sri Sandeep Kumar Dubey, learned panel lawyer of the High Court Legal Services Committee and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Office to trace out the vakalatnama of Sri Sandeep Kumar Dubey and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Kamlesh Kushwaha, seeking enlargement on bail during trial in connection with Case Crime No. 38 of 2025, under Section 108 BNS, registered at Police Station Katera, District Jhansi.

5. The FIR of the matter was lodged on 24.05.2025 by Pramod Kushwaha against the applicant and three other persons alleging therein that his daughter Arti Kushwaha committed suicide on 24.05.2025 at about 10:00 am as the accused persons used to assault, abuse her and torture her physically and mentally. They used to make her work like labour in the house and did not let her to talk with her family members. She was married with Hanumat Kushwaha on 10.05.2024 and had three children. Report be lodged and action be taken.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the devar of the deceased. It is submitted that the deceased committed suicide which is suggestive from the postmortem examination report wherein the doctor has found a single ligature mark and the cause of death opined as asphyxia as a result of antemortem hanging. It is submitted that the allegations against the applicant are totally false and baseless. It is submitted that the present marriage of the deceased was a second 2 BAIL No. 28083 of 2025 marriage and she used to remain depressed because of the said reason, para 18 of the affidavit has been placed before the Court. 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. It is submitted that the applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 25.05.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the suicide note of the deceased goes to show that the applicant is named and there are allegations of exhorting his brother Hemant Kushwaha against the deceased due to which she committed suicide later.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the devar of the deceased. 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.

9. 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.

10. Let the applicant Kamlesh Kushwaha, 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. 3 BAIL No. 28083 of 2025 (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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. October 6, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad