Ajay Nishad v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31260 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J.

¶1List revised.

¶2Heard Sri Durvijay Singh, Advocate holding brief of Sri Qamrul Hasan, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

¶3This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ajay Nishad, seeking enlargement on bail during trial in connection with Case Crime No. 117 of 2025, under Section 108 BNS, registered at Police Station Kamasin, District Banda.

¶4The FIR of the matter was lodged on 17.06.2025 by Raj Karan Nishad against the applicant alleging therein that on 17.06.2025 at about 12:00 pm his daughter aged about 17 years had gone to the fields wherein Ajay Nishad a resident of the village also came there and both were sitting and talking to each other. People of the village saw them after which the informant with his son and other family members reached there and on seeing them both the said persons ran in different directions on which Ajay was apprehended and handed over to the police on calling 112 number but his daughter was not traceable. She was searched after which her dead body was found hanging with dupatta on rosewood tree. She due to social reason and feeling ashamed committed suicide by hanging herself. Report be lodged and action be taken.

¶5Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the deceased committed suicide and died which is suggestive from the postmortem examination report wherein she was found to have received a single ligature mark on her body and the cause of death was opined as asphyxia as a result of antemortem hanging. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at Versus Counsel for Applicant(s) : Qamrul Hasan Counsel for Opposite Party(s) : G.A. Ajay Nishad .....Applicant(s) State of U.P. .....Opposite Party(s) 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. It is submitted that the applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 20.06.2025.

¶6Per contra, learned counsel for the State opposed the prayer for bail.

¶7After having heard learned counsels for the parties and perusing the records, it is evident that the applicant and the deceased were talking after which the family members reached there and they ran away in different directions wherein the applicant was apprehended but the girl has committed suicide by hanging herself. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The 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.

¶8Looking 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.

¶9Let the applicant Ajay Nishad, 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:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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.

(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.

(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. BAIL No. 31260 of 2025

(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.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶10The 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.

¶11The bail application is allowed.

¶12Pending application(s), if any, shall stand disposed of. September 26, 2025 M. ARIF BAIL No. 31260 of 2025 (Samit Gopal,J.) High Court of Judicature at Allahabad