Bhagat Sahani @ Bhabhuti Sahani vs State of U.P.

Neutral Citation No. - 2025:AHC:37925

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6985 of 2025

Applicant :- Bhagat Sahani @ Bhabhuti Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Sanjeev Kumar Yadav, learned counsel for the applicant, Sri V.K. Ojha, learned AGA-I for the State and perused the record.

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The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant Bhagat Sahani @ Bhabhuti Sahani , seeking enlargement on bail during trial in connection with Case Crime No. 664 of 2024, under Sections 80(2), 85 of B.N.S.S. and Section 3/4 Dowry Prohibition Act, Police Station Gola, District Gorakhpur.

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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 applicant is the father-in-law of the deceased Smt. Neetu. It is further submitted that only general and omnibus allegations have been leveled against the applicant and other co-accused persons. While placing paragraph 18 of the affidavit it is submitted that the applicant is aged about 75 years and had undergone surgery some days before the present incident. It is also submitted that the deceased has committed suicide, which is suggestive from the postmortem examination report, wherein the doctor found single ligature mark and the cause of death was opined as Asphyxia as a

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result of antemortem hanging. It is further submitted that relations between the deceased and her husband was cordial and they were leading a happy married life and from their wedlock one female child was born. It is further submitted that the investigation in the matter has been completed and chargesheet has been submitted and as such there is no chance of the applicant tampering with the evidence. The applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 8.1.2025.

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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; only general and omnibus allegations have been leveled against him; cause of death of the deceased was Asphyxia as a result of antemortem hanging, except single ligature mark there is no bodily injury on the body of the deceased; investigation has been completed and chargesheet has been submitted; the applicant is aged about 75 years.

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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 Bhagat Sahani @ Bhabhuti Sahani, 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 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

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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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Order Date :- 17.3.2025 Faridul

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(Samit Gopal, J.)

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Bhagat Sahani @ Bhabhuti Sahani v. State of U.P.

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Bhagat Sahani @ Bhabhuti Sahani v. State of U.P.

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