Allahabad High Court
Faisal Khan vs State Of U.P. on 20 November, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:208167
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 40988 of 2025
Faisal Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Rajesh Kumar Mishra
Counsel for Opposite Party(s)
:
G.A.
Court No. - 66
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Rajesh Kumar Mishra, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.
3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Faisal Khan, seeking enlargement on bail during trial in connection with Case Crime No. 109 of 2025, Section(s) 85, 80(2) B.N.S. and 3/4 D.P. Act, registered at P.S. Kotwali, District- Rampur.
4. The F.I.R. of the matter was lodged on 20.7.2025 by Smt. Shaista against the applicant and 6 other persons alleging therein that marriage of her niece Muskan@Sahiba was solemnized on 24.4.2024 with Faisal Khan (the applicant). Mother of her niece had died. She somehow got marriage solemnized. The accused after marriage used to torture and assault her for dowry. She was counseled many times. In the meantime she became pregnant but the accused persons used to torture and assault her. She had a pregnancy of about 09 months. On 20.7.2025 at about 10:00 a.m. she gave birth to a girl child. The accused on seeking daughter being born became agitated and left her in the hospital and ran away, after which the doctor who wanted blood for her could not get it in time neither she was treated. She later on died.
5. Learned counsel for the applicant argued that the applicant although is husband of the deceased but he has been falsely implicated in the present case. It is submitted that the deceased died while giving birth to a child and due to complications therein. It is submitted that one injury was found on the body of the deceased as "Stitched wound of length 2cm (2 stitched) over perinium just below veginal orificies and right medial of thigh (Episiotomy)." Cause of death has been opined as shock and haemorhage (PPH) due to antemortem multiple farctors. (Thrombocytopenia, anemia fever, Obstructed labour etc.). It is submitted that the deceased died a natural death while giving birth to a child and the present F.I.R. has been lodged on false and concocted allegations. It is submitted that co-accused Smt. Suhana Bi the mother-in-law, Shamim Khan, Yameen @ Arsalan and Sami Khan have been granted bail by a co-ordinate Bench of this Court vide order dated 02.09.2025 passed in Criminal Misc. Bail Application No. 30060 of 2025 and vide order dated 09.09.2025 passed in Criminal Misc. Bail Application No. 30669 of 2025 respectively. It is argued that the applicant has no other criminal antecedents as stated in para- 17 of the affidavit and is in jail since 22.7.2025.
6. Per contra, learned State counsel opposed the prayer for bail but could not dispute the said arguments.
7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is husband of the deceased. Post mortem report of the deceased shows that she died at the time of her delivery due to some complications therein. Co-accused Smt. Suhana Bi the mother-in-law, Shamim Khan, Yameen @ Arsalan and Sami Khan have been granted bail by a co-ordinate Bench of this Court.
8. 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.
9. Let the applicant- Faisal Khan, 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.
(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.
10. 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.
11. The bail application is allowed.
12. Pending application(s), if any, shall stand disposed of.
(Samit Gopal,J.) November 20, 2025 Naresh