HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 934 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.316 of 2024, under Sections 85, 80(2) of BNS and Sections 3/4 of D.P. Act, P.S. Kothi, District Barabanki. 3. In the prosecution case it is alleged that sister of the informant was married with applicant five years ago and out of their wedlock, one son was born aged about 3 years. On Rakshabandhan when she came, she told that applicant is alleged to have demanded dowry on 25.08.2024. It is alleged that after committing murder of the deceased she was hanged by the applicant. 4. Learned counsel for the applicant submits that the marriage of the applicant and the deceased was the second marriage and both were having two children from their first marriage. The parents of the deceased were pressurizing the applicant to transfer his property in the name of the children of the deceased from her first marriage due to that he has been falsely implicated. It is submitted that P.W.1 and P.W.2 have been examined. Admittedly, marriage of the deceased was done by Jai Shree Welfare Society without any dowry. It is a case of false implication. Since the complainant and his wife is examined before the trial court, there is no chance of tampering the evidence. He submits that cause of death is Versus Counsel for Applicant(s) : Nisha Srivastava Counsel for Opposite Party(s) : G.A. Vikram Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) asphyxia as a result of ante mortem hanging. Applicant has no criminal history. The applicant is in jail since 30.08.2024. 5. Learned A.G.A. has opposed the bail prayer and submits that there is a specific allegations against the applicant and there is demand of dowry soon before her death. It is a heinous offence hence his bail application is liable to be rejected. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 30.08.2024 having no criminal history, two important fact witnesses have been examined, cause of death is asphyxia as a result of ante mortem hanging and it was second marriage and both from their first marriage have two children and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Vikram Gautam be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 BAIL No. 934 of 2025 2 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 Panel Code (now Section 269 of 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 Section 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 of the Indian Panel Code (now Section 209 BNS). August 29, 2025 Saurabh Yadav/- BAIL No. 934 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench