State of U.P v. Party

2. Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record. Sri Manoj Kumar Gupta, learned counsel for the first informant is not present even when the matter is taken in the revised list.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Dev Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 47 of 2025, under Section 108 B.N.S., Police Station Chaubiya, District Etawah.

4. The first information report of the present matter was lodged on 11.04.2025 by Ramveer Singh against the applicant and 05 other persons alleging therein that his younger son Amit was married to Rinki around 02 years back. Rinki used to fight and quarrel with him and there was matrimonial dispute between them. She used to spend time in her maternal house. She had illicit relations with her mama Situ and the applicant was also having relationship with the sister of Rinki. His son used to be tortured by Rinki and she used to tell him to go and die. On 02.04.2025 at about 7 pm his son 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 2 BAIL No. 28168 of 2025 deceased committed suicide and died which is also suggestive from the postmortem examination wherein the doctor found single ligature mark on his body and the cause of death was opined as asphyxia as a result of antemortem hanging. It is submitted that the applicant is not related to the wife of the deceased. It is submitted that there was a matrimonial discord between the deceased and his wife. It is submitted that the first information report has been lodged after a delay of 09 days as the deceased died on 02.04.2025 but the first information report has been lodged on 11.04.2025 for which there is no plausible explanation. It is submitted that even the presence of the applicant at the place of occurrence is not stated by the prosecution. 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 19 of the affidavit and is in jail since 15.06.2025.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the deceased committed suicide and died. Apart from the ligature mark there is no bodily injury on his person. The applicant is not related to the deceased or his wife. The investigation in the matter has concluded. There was a matrimonial discord between the deceased and his wife. 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. 3 BAIL No. 28168 of 2025

9. Let the applicant- Dev Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and 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.

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 4 BAIL No. 28168 of 2025 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. October 6, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record. Sri Manoj Kumar Gupta, learned counsel for the first informant is not present even when the matter is taken in the revised list.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Dev Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 47 of 2025, under Section 108 B.N.S., Police Station Chaubiya, District Etawah.

4. The first information report of the present matter was lodged on 11.04.2025 by Ramveer Singh against the applicant and 05 other persons alleging therein that his younger son Amit was married to Rinki around 02 years back. Rinki used to fight and quarrel with him and there was matrimonial dispute between them. She used to spend time in her maternal house. She had illicit relations with her mama Situ and the applicant was also having relationship with the sister of Rinki. His son used to be tortured by Rinki and she used to tell him to go and die. On 02.04.2025 at about 7 pm his son 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 2 BAIL No. 28168 of 2025 deceased committed suicide and died which is also suggestive from the postmortem examination wherein the doctor found single ligature mark on his body and the cause of death was opined as asphyxia as a result of antemortem hanging. It is submitted that the applicant is not related to the wife of the deceased. It is submitted that there was a matrimonial discord between the deceased and his wife. It is submitted that the first information report has been lodged after a delay of 09 days as the deceased died on 02.04.2025 but the first information report has been lodged on 11.04.2025 for which there is no plausible explanation. It is submitted that even the presence of the applicant at the place of occurrence is not stated by the prosecution. 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 19 of the affidavit and is in jail since 15.06.2025.

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

7. After having heard learned counsel for the parties and perusing the record, it is evident that the deceased committed suicide and died. Apart from the ligature mark there is no bodily injury on his person. The applicant is not related to the deceased or his wife. The investigation in the matter has concluded. There was a matrimonial discord between the deceased and his wife. 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. 3 BAIL No. 28168 of 2025

9. Let the applicant- Dev Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and 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.

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 4 BAIL No. 28168 of 2025 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. October 6, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad