Abhishek Alias Chhotu vs State of U.P.

This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Abhishek alias Chhotu , seeking enlargement on bail during trial in connection with Case Crime No. 157 of 2025, under Section 108 B.N.S., Police Station Kurra, District Mainpuri.

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F.I.R. of the matter was lodged on 14.9.2025 by Smt. Meera Devi against the applicant alleging therein that her daughter Sugandh @ Roshani is aged about 20 years. For the last 2 to 3 days she was quite disturbed. On 10.9.2025 at about 8 A.M. she committed suicide by hanging. The applicant is the reason for the same.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the deceased committed suicide in her house as it also suggestive of the postmortem examination. It is submitted that the deceased was carrying a pregnancy. It is submitted that the implication of the applicant in the present matter is on account of suspicion only. It is further submitted that the applicant has no criminal history. In para 20 the applicant is in jail since 20.9.2025.

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It is argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the

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BAIL No. 40450 of 2025

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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.

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

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After having heard the learned cousnel for parties and perusing the record, it is evident that the deceased committed suicide and died.

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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- Abhishek alias Chhotu , 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 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 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

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BAIL No. 40450 of 2025

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209 B.N.S., 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 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.

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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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November 17, 2025

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Kumar Manish

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Abhishek Alias Chhotu v. State of U.P.

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Abhishek Alias Chhotu v. State of U.P.

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