Neutral Citation No. - 2025:AHC-LKO:6529 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 924 of 2025 Applicant :- Imran Opposite Party :- State Of U.P. Thru. Pri. Secy. Home Lko Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Anurag Singh, learned counsel for the applicant and Sri Nikhil Singh, learned AGA-I for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 03.10.2024 in Case Crime No.331 of 2024, under Sections 376 & 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station – Tambour, District – Sitapur. 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 the impugned FIR, which shows the alleged date of incident as 07.12.2023 but the FIR has been lodged pursuant to the application being filed under Section 156 (3) Cr.P.C. on 12.06.2024 i.e. more than six months without explaining the delay. Pursuant to such application, the FIR has been lodged on 07.08.2024. Learned counsel for the applicant has submitted that initially, the marriage of the prosecutrix was settled with one Ibrar whose name has been disclosed by her during her medical examination. When such marriage could not be matured, marriage of the prosecutrix was fixed with the applicant and he was in a cordial relation with her without knowing that fact. The applicant did not establish any physical relation with the prosecutrix. Now the applicant has come to know that marriage of the prosecutrix has again been fixed with Ibrar, however, he has got no material or evidence to that effect. Medical examination has not supported the prosecution version. 4. Learned counsel for the applicant has further submitted that as per allegation in the FIR that the prosecutrix and her family members are having photographs and other material to the effect that at the time of fixing marriage of the prosecutrix with the applicant, some cash and gold items were given and photographs are available with her and her family members but no such photograph etc. has been given to the Investigating Agency inasmuch as there is no material or evidence to that effect with the Investigating Agency. The applicant is having no prior criminal history of any kind whatsoever. Charge sheet has been filed. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 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; the fact that there is inordinate unexplained delay of more than six months in moving the application under Section 156 (3) Cr.P.C. pursuant to which the FIR has been lodged; as per statement of the prosecutrix given during her medical examination, her marriage was settled with one Ibrar not with the present applicant; it appears that there is no material or evidence with the Investigating Agency to the effect that any dowry was given at the time of fixing marriage of the prosecutrix with the present applicant; the applicant is having no prior criminal history of any kind whatsoever 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. 7. Accordingly, the bail application is allowed. 8. Let applicant- Imran 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 :- 30.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench