Neutral Citation No. - 2025:AHC-LKO:47041 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 589 of 2024 Applicant :- Rajman Ali Alias Lala Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home, Lko. Counsel for Applicant :- Suraj Singh Visen,Aman Kumar Shrivastav,Pankaj Verma,Priyanka Shahi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the complainant married his sister with the applicant in the year 2018, i.e. approximately five years ago from the date of first information report. After marriage, the deceased was subjected to cruelty by the accused persons and a demand of Rs.50,000/- cash was made from the deceased during her lifetime. It is further alleged that on 22.4.2023 at about 11.00a.m., the accused persons have killed his sister aged about 25 years by hanging. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated. The fact witnesses P.W.1 and P.W.2 have been examined. Cause of death is asphyxia due to ante mortem hanging. It is submitted that five contusions on the body of the deceased may have come while taking the body down as there was no injury during inquest. The statement of the inquest witnesses is on record. The applicant is an inquest witness. He has not run away from the spot and he has cooperated in the investigation. The applicant has no previous criminal history. The applicant is in jail since 23.4.2023. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submitted that the deceased died within seven years in unnatural circumstance and there are five injuries on the body of the deceased, however, he could not dispute the fact that there was no injury in the inquest report. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, cause of death in the post mortem report is as a result of ante mortem injuries which appear to have caused while the body was being taken down as argued by applicant's counsel which appears to carry weight, no injury has been shown in the inquest report, there are general allegations in the prosecution case and no specific allegation has been levelled against the applicant, P.W. 2 fact witness has been declared hostile, 15 witnesses are proposed to be examined by the prosecution and till date, only two could be examined, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Rajman Ali alias Lala involved in Case Crime No.126 of 2023 under sections 498-A, 304-B I.P.C., 3/4 D.P. Act, P.S. Dhanepur, district Gonda, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he 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. (v) 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 under Section 229-A I.P.C. (now 269 BNS) (vi) 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. (now 84 BNSS) 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, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 12.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench