Neutral Citation No. - 2025:AHC:35864 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45081 of 2024 Applicant :- Rajbabu Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pratap,Sushil Kumar Tewari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.157 of 2023, under Sections 498 A, 304B, 316 I.P.C. & Section 3/4 Dowry Prohibition Act, P.S. Kurh Fatehpur, District Sambhal during pendency of the trial. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant submits that this is second bail application. First bail application was rejected by order dated 04.07.2024. Applicant is husband. Learned counsel for the applicant next submits that he has filed order-sheet of the case proceeding through his rejoinder affidavit. From perusal of order- sheet, it is apparent that by order dated 13.03.2024, trial court framed charge, thereafter, prosecution witnesses are not produced despite issuing summons to them. More than 10 dates have been passed, prosecution witnesses have not been produced. Applicant and co-accused are regularly appearing on each and every date. Prosecution is delaying the trial proceeding. From the facts of the case, it is also apparent that the deceased was pregnant and mother of the applicant taken her to hospital and due to critical condition, she could not be saved. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 12.09.2023 and in case he is enlarged on bail he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Rajbabu, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 11.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad