Neutral Citation No. - 2025:AHC-LKO:2021 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 206 of 2025 Applicant :- Omkar @ Omprakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Raghvendra Singh,Rishi Raj Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Supplementary filed by Shri Raghvendra Singh, learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.232 of 2024, under sections 85, 80(2) of BNS, 2023 and Section 3/4 of Dowry Prohibition Act, 1961, P.S.- Imliya Sultanpur, District -Sitapur. 4. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is father-in-law of 70 years of age and he was living in one portion of the house and he has no concerned with the deceased and her husband. From perusal of the post mortem report, it transpires that there is no ante mortem injury on the body of the deceased and he added that there are criminal relations levelled against all the accused persons including the present applicant for committing offence. He further submits that the husband is also in jail. He next submits that the applicant has no previous criminal history and the charge-sheet has been filed as such there is no possibility of tampering the evidences. The present applicant is languishing in jail since 21.09.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 5. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief. 6. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is father-in-law of 70 years of age and languishing in jail since 21.09.2024; the applicant named in the FIR but no specific role has been assigned and implicated in the FIR due to inadvertence; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 7. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 8. Let the applicant Omkar @ Omprakash, involved in 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 2023. 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 / her in accordance with law. 9. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 10. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. [Shree Prakash Singh,J.] Order Date :- 9.1.2025 Mohd. Sharif/Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench