Neutral Citation No. - 2025:AHC-LKO:3067 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 395 of 2025 Applicant :- Ramu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Vijayendra Prakash Tripathi,Deepika Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vijayendra Prakash Tripathi, learned counsel for the applicant and Sri Hari Shankar Maurya, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 25.09.2024 in Case Crime No. 472 of 2024, under Sections 85, 80(2), 238-B, 351(3) BNS and Section 3/4 Dowry Prohibition Act, Police Station- Raunahi, District- Faizabad (now Ayodhya). 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards impugned FIR wherein allegations have been levelled against the entire family of accused Shyamu who happens to be the husband of the deceased. The applicant is a real elder brother of main accused Syamu. Syamu got married with the deceased without following formal rituals inasmuch as that marriage was a sort of love marriage and the applicant was not aggriable to that marriage. Besides, the applicant along with his family is living separately in another village which is more than 10 kilometers far from the village where the incident in question took place. The applicant was having no concern with the family affairs of his brother Shyamu and he was having no intention or motive of any kind whatsoever to cause harm to the wife of his brother Shyamu. It is further stated that at the time of the incident in question, his brother Shyamu was living with his wife (since deceased) along with his sister and aunt (Bua). The last rites of the deceased was performed by his brother Syamu without intimating the applicant and the family members of the deceased. The applicant came to know the aforesaid fact in the morning, then he reached at the place where his brother was living. It is further submitted that There is no prior criminal history of any kind whatsoever against the applicant. 4. Learned counsel has further stated that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that allegations have been levelled against the entire family of accused Shyamu who is the husband of the deceased; the applicant is the real elder brother of main accused Syamu; the applicant along with his family is living separately in another village which is more than 10 kilometers far from the village where the incident in question took place; the applicant was having no concern with the family affairs of his brother Shyamu; the last rites of the deceased was performed by his brother Syamu without intimating the applicant and the family members of the deceased; there is no prior criminal history of any kind whatsoever against the applicant and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Ramu be released on bail in the aforesaid case crime number 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:- (i) 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. (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 under Section 229-A of the Indian Penal Code. (iii) 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. 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 of the Indian Penal Code. (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 313 Cr.P.C. 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 in accordance with law. (v) The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan,J.) Order Date :- 16.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench