Neutral Citation No. - 2025:AHC-LKO:11164 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1564 of 2025 Applicant :- Naseer Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Manoj Kumar Singh learned counsel for the applicant and Sri Ram Ji, learned Additional Government Advocate for the State. 2. It has been contended by the learned counsel for the applicant that the applicant (Naseer Khan) is in jail since 27.12.2024 in Case Crime No.504 of 2024 under Sections 498A & 304B IPC & Section 3/4 Dowry Prohibition Act, Policec Station- Ramgaon, District-Bahraich. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards impugned First Information Report (in short F.I.R.) which has been lodged on 04.10.2024 for the alleged incident dated 22.05.2024 pursuant to the application filed u/s 156(3) Cr.P.C. The aforesaid application has been filed on 05.06.2024 without explaining the delay. The present applicant is father-in-law and victim is daughter-in-law (since deceased). Daughter-in-law died on account of electric current and such information has been given by the husband of the victim (since deceased) to the family members of the the daughter-in-law. All the family members of daughter-in-law came to the place of incident and raised no objection of any kind whatsoever at the time of preparation of inquest. No such allegation has been levelled against the present applicant which has been levelled in the F.I.R. After about 16 days of the death of the daughter-in-law (since deceased) the application u/s 156(3) Cr.P.C. has been filed perhaps on the ill- advise of the family members having ulterior motive and extraneous design in their minds. As a matter of fact, the death of the daughter-in-law of the applicant is an accident. The present applicant or his family members never demanded any dowry from the daughter-in-law or her family members. The applicant has no previous criminal history of any kind whatsoever. The co-accused, Khatiza Begam, has already been granted bail by this Court vide order dated 05.02.2025 passed in Criminal Misc. Bail Application No.1047 of 2025; Khatiza Begam vs. State of U.P. & others. Therefore, on the basis of the principles of parity, the bail of the present applicant may be granted. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned Additional Government Advocate has opposed the prayer for bail of the present applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R.; considering the fact that F.I.R. has been lodged on 04.10.2024 for the alleged incident dated 22.05.2024 pursuant to the application filed u/s 156(3) Cr.P.C. dated 05.06.2024 without explaining the delay, victim died of electrocution and such information has been given by the husband of the victim (since deceased) to her family members, all the family members of daughter-in-law came to the place of incident and raised no objection of any kind whatsoever at the time of preparation of inquest, no allegation has been levelled against the present applicant which has been levelled in the F.I.R., after about 16 days of the death of the daughter-in-law (since deceased) the application u/s 156(3) Cr.P.C. has been filed on the ill-advise of the family members having ulterior motive and extraneous design in their minds, the death of the daughter-in-law of the applicant was an accident, present applicant or his family members never demanded any dowry from the daughter-in-law or her family members, applicant has no previous criminal history of any kind whatsoever, the fact that the co-accused has been granted bail by this Court vide order dated 05.02.2025 (supra) and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings properly, I am of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Naseer Khan) involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (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 :- 20.2.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench