Neutral Citation No. - 2025:AHC-LKO:11166 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1515 of 2025 Applicant :- Awadhesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari,Jitendra Kumar Singh,Pallavi Vatsala Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Supplementary affidavit filed today is taken on record. Heard Sri O.P. Tiwari, learned counsel for the applicant and Ms. Sudha Sharma, learned AGA for the State and Sri Anand Kumar who has filed vakalatnama on behalf of the informant/complainant and the same is taken on record. The present applicant is in jail since 21.11.2024 in case crime no. 454 of 2024 under Sections 80, 85, 115(2), 352 of BNS and Section 3/4 of D.P. Act at P.S. Shahbad District Hardoi. Learned counsel for the applicant has submitted that the present applicant, who is father-in-law (chachiya sasur) of the victim (since deceased), has been falsely implicated in the case as he has not committed any offence as alleged. Even as per the FIR, no specific allegation has been levelled against the present applicant, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicant had nothing to do with the family affairs of the husband of the victim and victim (since deceased). There might be some dispute between the husband and wife which is not known to the applicant. His relations with her daughter-in-law were cordial and he never demanded any dowry from her or her family members. Learned counsel for the applicant has further submitted that the applicant is absolutely unaware about the cause of death. The case of death could not be ascertained, therefore, the viscera was preserved. On the basis of report, it was found that this a case of poisoning. 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 21.11.2024; 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- Awadhesh, 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 :- 20.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench