Neutral Citation No. - 2025:AHC:68473 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2301 of 2025 Applicant :- Dabboo Opposite Party :- State of U.P. Counsel for Applicant :- Udai Shankar Chauhan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Udai Shankar Chauhan, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records. 3. Personal affidavit of Sri Elamaran G., the Superintendent of Police, Mau has been filed today in Court which is taken on record. 4. The said officer is also present before the Court in compliance of previous order dated 24.04.2025. Perused the said personal affidavit dated 29.04.2025. The viscera report with regard to examination of viscera of Smt. Sarita has been annexed as Annexure-2 to the said personal affidavit. The officer present in Court assures the Court that he shall personally look into the affairs of his district and ensure that the call by Courts are attended promptly and without any unreasonable delay. 5. There is nothing to not accept the same. It is expected that the call of the Courts and also compliance of the Courts order through the learned State Counsel is done promptly and efficiently. The presence of the officer concerned is exempted till further orders. 6. This bail application under Section 439 of Code of Criminal Procedure / under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Dabboo, seeking enlargement on bail during trial in connection with Case Crime No. 187 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kopaganj, District Mau. 7. Learned counsel for the applicant argued as follows:- (i) The applicant has been falsely implicated in the present case. (ii) The applicant is the father-in-law of the deceased Smt. Sarita Devi. (iii) The marriage of the deceased Sarita was solemnized with Gulshan the son of the applicant on 30.05.2023. (iv) General and omnibus allegations have been levelled against the applicant. (v) The deceased committed suicide which is suggestive from the postmortem examination report, wherein, the deceased has received a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of antemortem hanging. However, viscera was preserved for further investigation and chemical analysis, the report of which is filed in the personal affidavit of the Superintendent of Police concerned annexed as Annexure-2 goes to show that no chemical poison was found and thus the cause of death being asphyxia as a result of antemortem hanging is conclusive. (vi) Gulshan the husband of the deceased is in jail. (vii) The applicant has no criminal history as stated in para 28 and is in jail since 23.10.2024. 8. Per contra, learned counsel for the State opposed the prayer for bail. 9. 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. The cause of death is asphyxia as a result of antemortem hanging. Gulshan the husband of the deceased is in jail. 10. 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. 11. Let the applicant- Dabboo, 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 she/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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 12. 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. 13. The bail application is allowed. 14. Pending application(s), if any, shall stand disposed of. Order Date :- 1.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad