Srikishun Kashyap Vs State of U.P.

Neutral Citation No. - 2025:AHC:88121

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12667 of 2025

Applicant :- Srikishun Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Rama Kant Yadav,Satyendra Vishwakarma 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 Surya Prakash holding brief of Sri Rama Kant Yadav, learned counsel for the applicant, Sri Birendra Pratap Singh, 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 applicant-Srikishun Kashyap, seeking enlargement on bail during trial in connection with Case Crime No.120 of 2024, under Sections 80, 85 BNS and Section 3/4 D.P. Act, registered at P.S.Bhudkuda, District Ghazipur.

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Learned counsel for the State submits that he has received instructions in the matter for which he had prayed for and was granted time on 18.4.2025.

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Learned counsel for the applicant argued as follows:

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(i) The applicant has been falsely implicated in the present case.

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(ii) The applicant is the father-in-law of the deceased Soni Kashyap.

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(iii) The marriage of the deceased Soni Kashyap was solemnized with Sandeep Kashyap, the son of the applicant two years ago.

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

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(v) As per postmortem examination report, the deceased was found to have received ligature mark on her body, one multiple abrasion and a contusion but the said two injuries being multiple abrasion was on dorsum aspect of right hand four finger and the contusion was on the left knee joint which did not contribute the death and the cause of death is asphyxia as a result of ante-mortem hanging.

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(vi) Sandeep Kashyap, the husband of the deceased is in jail.

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(vii) The applicant has no criminal history as stated in para 37 and is in jail since 16.9.2024.

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(viii) Co-accused Basanti Devi, the mother-in-law of the deceased has been granted bail by coordinate Bench of this Court vide order dated 11.12.2024 passed in Crl. Misc. Bail Application No.45384 of 2024 (Basanti Devi Vs. State of U.P.), copy of the order is annexed as annexure no.6 to the affidavit in support of bail application.

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(ix) The applicant is a lady and she is entitled to the benefit of Section 480 BNSS.

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(x). The applicant is aged about 60 years, para 24 to the affidavit in support of bail application has been placed before the Court.

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(xi). Sonam, the sister-in-law of the deceased has been exonerated in the investigation, para 29 to the affidavit in support of bail application has been placed before the Court.

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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 applicant is the father-in-law of the deceased. The cause of death is asphyxia as a result of antemortem hanging. Co-accused Basanti Devi (mother-in-law) of the deceased has been granted bail. The applicant 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 applicant may be enlarged on bail.

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Let the applicant- Srikishun Kashyap , 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 applicant 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 applicant will abide the orders of court, will attend the

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court on every date and will not delay the disposal of trial in any manner whatsoever.

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(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.

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(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.

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(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 her/him in accordance with law and the trial court may proceed against her/him 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 applicant.

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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 applicant 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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(Samit Gopal, J.)

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Order Date :- 23.5.2025 Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Srikishun Kashyap v. State of U.P.

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