The court is evaluating a bail application under Section 108 of BNS, 2023, balancing the prosecution's claims of organized crime and harassment against the applicant's claims of a cordial live-in relationship and trial delay.

1. Mr. Nitin Kumar, learned counsel for the applicant.

2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Deepak Bhardwaj, learned Brief Holder for the State.

3. Present applicant “Ajay Shankar Mishra, son of late Rajmani Mishra,”, is praying for regular bail in reference to FIR dated 31.10.2025 bearing FIR No. 519 of 2025 registered at Police Station – Rudrapur, District – Udham Singh Nagar, wherein present applicant along with Bimla Balmiki have been implicated for the offence punishable under Section 108 of BNS, 2023.

4. Briefly stated that the FIR has been lodged by one Surendra Pal, Chairman, Kaushalya Enclave, Phase No. 2, stating therein that deceased Sushma Pant was a teacher living with the applicant since last 7 – 8 years in the said colony and on 25.10.2025, she made a complaint about present applicant that he always harassed her mentally and physically and also give drugs to her since he wants to grab her property and also wants to declare her mad and working woman Bimla Balmika was also associated with him and deceased requested the informant that both of them be evicted from her flat, on 26.10.2025, deceased Sushma Pant approached him and requested to do something to save her life otherwise they will kill her since today also, they assaulted her and threatened to kill her. It is further alleged in the FIR that the informant inquired from other residents of the society and they apprised that in the house of the deceased, somebody was shouting and on 28.10.2025, smog was coming out from her flat and when they rushed, they saw flat was locked from outside and present applicant was also standing there and he said that deceased was died due to burn injuries and there is no useful purpose to open the lock and I myself locked the flat and then, people suspected that present applicant and Bimla Balmika conspired to kill the deceased Sushma Pant.

5. It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated and in fact, applicant was in live-in relation with the deceased since last 11 years and their relations were very cordial and there was no dispute in between them, however, the applicant has been implicated only because of the reason that he has filed a suit in July, 2025 wherein he sought for a prayer for restraining the deceased not to evict him from the house where he was living with the deceased since last 11 years except in due process of law.

6. Apart from this, he submits that charge sheet has already been filed in January, 2026 and uptil date, not a single witness has been examined and there is no substantial progress in the trial and the applicant is languishing in jail since 01.11.2025, therefore, this aspect may also be looked into while considering the bail application.

7. Apart from this, he submits that working woman Bimla Balmika, who was hired by the applicant to look after the deceased, did not support the prosecution case and stated that mental condition of the deceased was not well and applicant always look after her and give regular treatment.

8. It is further argued by the learned counsel for the applicant that there is no eye witness of the incident and the entire FIR has been lodged on the basis of suspicion, since the applicant was living with the deceased and furthermore, the applicant has been falsely implicated, which is evident from the fact that other co-accused Bimla Balmika did not support the prosecution case.

9. On the other side, Mr. G.S. Sandhu, learned Addl. Advocate General has vehemently opposed the bail application by submitting that the testimony of Bimla Balmiki has no releva