Nishant Vs State of U.P.

Neutral Citation No. - 2025:AHC:111178

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23982 of 2025

Applicant :- Nishant Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Syed Ali Imam, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.35 of 2025, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Jarcha, District Gautam Buddh Nagar, during the pendency of trial.

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As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 08.03.2024. The applicant and other family members are stated to have subjected her to cruelty for demand of a Brezza car as dowry, thereby led her to death on 23.02.2025.

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Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about four days and there is no explanation of the said delay caused. The applicant rushed the deceased to hospital to save her live, but could not do so. The informant and other members of both the family were present at the time of inquest proceedings and they have not whispered a single word against the applicant at that stage.

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Learned counsel for the applicant has further stated that the deceased had given birth to a baby boy on 30.01.2025. The cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 07.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the

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liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that the family members of both the family were present at the time of inquest proceedings and they have not whispered a single word against the applicant at that stage, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Nishant , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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(iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 11.7.2025 (Ravi Kant)

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(Justice Krishan Pahal)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Nishant v. State of U.P.

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Nishant v. State of U.P.

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