Suresh Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 15604 of 2025

Versus Suresh	.....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) : Balwant Prasad	Singh, Vindeshwari
Counsel for Opposite Party(s): G.A.
Court No.- 66

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HON'BLE SAMIT GOPAL, J.

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List revised.

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Heard Sri Vindeshwari Prasad, learned counsel for the applicant, Sri Devendra Nath Mishra, learned AGA for the State and perused the material on record.

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This second bail application under Section 483 of B.N.S.S. has been filed by the applicant- Suresh, seeking enlargement on bail during trial in connection with Case Crime No. 353 of 2024, under Section(s) 80(2), 85 Bhartiya Nyay Sanhita, 2023 and 3/4 D.P. Act, registered at P.S. Kadar Chauk, District Budaun.

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The first bail application of the applicant being Criminal Misc. Bail Application No.9258 of 2025 was dismissed as withdrawn by this Court vide order dated 19.3.2025. Subsequently a second correction application no.2 of 2025 was filed which was allowed by this Court vide order dated 22.4.2025.

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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 Suman.

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(iii) The marriage of the deceased Suman was solemnized with

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Rohit, the son of the applicant 2-1/2 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 single ligature mark on her body and the cause of death is asphyxia as a result of ante-mortem hanging.

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(vi) Pushpa, the mother-in-law of the deceased has been granted bail by this Court vide order dated 26.5.2025 passed in Criminal Misc. Bail Application No.14132 of 2025. Rohit, the husband of the deceased has been granted bail by a coordinate Bench of this Court vide order dated 4.8.2025 passed in Criminal Misc. Bail Application No.25522 of 2025. Copies of the said orders have been placed before the Court which are taken on record.

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(vii) The applicant has criminal history of 02 cases which have been disclosed and explained in para-4 of the affidavit in which he has been granted bail and is in jail since 14.12.2024.

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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. The husband and mother-in-law of the deceased have been granted bail.

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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- Suresh, 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

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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 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 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 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.

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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 him in accordance with law and the trial court may proceed against 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

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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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