Rajendra and Another vs State of U.P.

Neutral Citation No. - 2025:AHC:45638

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10651 of 2025

Applicant :- Rajendra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ankesh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Ankesh Kumar Dubey, learned counsel for the applicants, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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This bail application under Section 483 BNSS has been filed by the applicants Rajendra and Akali Devi, seeking enlargement on bail during trial in connection with Case Crime No. 105 of 2024, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S. Kapilvastu, District Siddharth Nagar.

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Learned counsel for the applicants argued as follows:

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(i) The applicants have been falsely implicated in the present case.

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(ii) The applicant no.1 is the father-in-law and the applicant no.2 is the mother-in-law of the deceased Rajni.

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(iii) The marriage of the deceased was solemnized with Deen Dayal Sahani son of the applicants on 01.06.2023.

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(iv) General and omnibus allegations have been levelled against the applicants.

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(v) The cause of death is asphyxia as a result of antemortem hanging as per the postmortem examination report.

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(vi) Deen Dayal Sahani the husband of the deceased is in jail.

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(vii) The applicants have no criminal history as stated in para 32 of the affidavit and are in jail since 05.12.2024.

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(viii) The applicant no.2 is a lady and she is entitled to the benefit of Section 480 BNSS.

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

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After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are father-in-law and mother-in-law of the deceased. The cause of death is asphyxia as a result of antemortem hanging. Deen Dayal Sahani the husband of the deceased is in jail. The applicant no. 2 is a lady.

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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 applicants may be enlarged on bail.

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Let the applicants Rajendra and Akali Devi , 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:-

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i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicants 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.

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(iii) The applicants shall file an undertaking to the effect that they 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.

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(iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure them presence proclamation under section 84 BNSS, 2023 may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 209 BNS, 2023.

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(v) The applicants shall remain present, in person, before the trial

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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 applicants are 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 them in accordance with law and the trial court may proceed against them under Section 269 BNS, 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.

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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 applicants to prison.

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The bail application is allowed .

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Pending application(s), if any, shall stand disposed of.

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Order Date :- 2.4.2025 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Rajendra and Another v. State of U.P.

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Rajendra and Another v. State of U.P.

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