Neutral Citation No. - 2025:AHC:107867 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42305 of 2024 Applicant :- Komal @ Komlesh Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Harish Chandra Mishra, learned counsel for applicant and Sri B.P. Singh, learned A.G.A. for State. 2. Applicant has again approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. in Case Crime No. 71 of 2020 under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Lahchura, District - Jhansi. 3. Taking note of status report dated 30.11.2024 that out of 26 proposed prosecution witnesses, only 6 witnesses have been examined including all material witnesses as well as that till date applicant is in jail since 15.05.2020 i.e. for last five years whereas in case of conviction under Section 304 (b), minimum sentence is of seven years, therefore, applicant has made out a case for bail. 4. Accordingly, bail application is allowed. 5. Trial Court will take all endeavour to expedite the trial. 6. Let the applicant- Komal @ Komlesh 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 shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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. (iii) 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. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. 7. 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. 8. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 8.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad