Neutral Citation No. - 2025:AHC-LKO:5442 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 834 of 2025 Applicant :- Manish Kumar Opposite Party :- State Of U.P. Thru. Prin. Home Deptt. Lko Counsel for Applicant :- Archana Yadav,Brijesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Sri Hari Shanker Maurya, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Manish Kumar) is languishing in jail since 22.08.2024 in Case Crime No.65 of 2024, under Sections 85, 80, 115 (2), 352, 351 (2) & 351 (3) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station-Mahila Thana, District-Sitapur. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.) 4. Learned counsel for the applicant has submitted that no specific role has been attributed to the present applicant. The present applicant was having cordial relation with his sister-in- law (Bhabhi) (since deceased) and he has never demanded any dowry from her or her family members. So as to implicate the entire family, the present applicant, who is brother-in-law (Devar), has been implicated in this case. The cause of death of the victim/ deceased is septicemia as a result of uterune infection. Viscera was preserved and after examination of viscera, poisonous content was found. The present applicant is having no previous criminal history. He undertakes on behalf of the present applicant that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted, and shall abide by all terms and conditions of bail order. 5. Per contra, learned Additional Government Advocate has, however, opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 6. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R. and other material available on record, the fact that no specific role has been attributed to the present applicant; the cause of death of the victim/ deceased is septicemia as a result of uterune infection; the viscera was preserved and after examination of viscera, poisonous content was found; the present applicant is having no previous criminal history and the undertaking of the present applicant that he shall co-operate in the trial proceedings properly, without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the present applicant (Manish Kumar) be released on bail in the aforesaid case crime number on his furnishing a personal bond with 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 IPC/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 82 Cr.P.C./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, in accordance with law, under Section 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 28.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench