Neutral Citation No. - 2025:AHC-LKO:3931 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 558 of 2025 Applicant :- Siya Ram Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Ramakar Shukla, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State. The present applicant is in jail since 06.08.2024, in case crime no. 163 of 2024, under Sections 85, 80, 351(3) of BNS and Section 3/4 of D.P. Act at Police Station Amethi District Amethi. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, whereby, the entire family of the husband of the deceased has been implicated. The present applicant is the father-in-law of the deceased. He was living separately as annexure no. 7 is a family register, which shows that the present applicant along with his wife and unmarried son were living separately, whereas, his son Suraj Kashyap along with his wife and their son were living separately. The present applicant was having cordial relation with the daughter-in-law (since deceased), and he had nothing to do with the family affairs of his son or his wife. The cause of death is shown as strangulation, but Sri Ramakar Shukla submits that the death may not be caused due to strangulation, but it should be hanging, inasmuch as the hyoid bone of the deceased is intact and had it been a case of strangulation, the hyoid bone would have been fractured. As per postmortem report, there are some ante-mortem injuries on the body of the victim, but the applicant is unaware as to how the deceased received those injuries. There might be some dispute and scuffle between the husband and wife, but he’s not aware of such dispute. He never demanded any dowry from his daughter-in-law or her family member. Further, attention has been drawn towards annexure no. 8, which is the order dated 21.11.2024 passed by this court in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No. 153 of 2024, whereby, the interim bail has been granted to the wife of the present applicant and that case is still pending. The present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall 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. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 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 the present applicant is languishing in jail since 06.08.2024; and 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. The bail application is allowed. Let the applicant- Siya Ram Kashyap, 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 applicants fail 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. Order Date :- 21.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench