Neutral Citation No. - 2025:AHC:86622 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43954 of 2024 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Virendra Singh, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State. 2. This is second bail application filed by applicant-Anil in Case Crime No. 290 of 2022, under Sections 304B, 328, 498A IPC and 3/4 Dowry Prohibition Act, Police Station Khanpur, District Bulandshahr. First bail application of applicant was disposed of vide order dated 13.05.2024. 3. In pursuance of an order passed by this Court, Trial Court has submitted report dated 23.04.2025 that material witnesses have been examined and only three witnesses are left to be examined. 4. Learned counsel for applicant submits that applicant is husband of deceased and he is in jail since 20.10.2022, i.e., for about two years and seven months, whereas in case of conviction minimum sentence is seven years. 5. Learned AGA appearing for State has opposed the bail, however, aforesaid status of trial is not disputed. 6. In aforesaid circumstances, considering the above period of incarceration, status of trial as well as that since material witnesses have already been examined and there is no likelihood to influence the witnesses in case bail is granted, therefore, a case of bail is made out. 7. However, applicant is directed to remain present on each and every date as and when required by Trial Court during trial and in case any application for exemption on vague ground is filed, the same shall be a ground for Trial Court to cancel bail immediately. 8. Let the applicant-Anil 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. 9. 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. 10. The bail application is allowed. 11. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 22.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad