Neutral Citation No. - 2025:AHC-LKO:12251 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1717 of 2025 Applicant :- Pyare Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Neeraj Sahu Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Neeraj Sahu, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned AGA for the State. The present applicant is in jail since 13.10.2024, in Case Crime No. 504 of 2024, under Sections 80, 85 of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as "BNS") and Section 3/4 of Dowry Prohibition Act, Police Station- Beniganj, District- Hardoi. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story. 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 her daughter-in-law (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 the father-in-law of the deceased, has been implicated in this case. As per postmortem report, the cause of death is asphyxia due to hanging. There is one ligature mark around the neck of the deceased which might have been cause due to hanging. The present applicant is having no previous criminal history. He undertakes that she 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. Per contra, learned A.G.A. as well as learned counsel for the informant/complainant has, however, opposed the prayer for bail 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 they could not dispute the aforesaid contention of learned counsel for the applicant. 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; as per post-mortem report, the cause of death of the victim is asphyxia due to hanging; there is no other injury found on the body of the deceased except one ligature mark around the neck of the deceased which might have been caused due to hanging and the undertaking of the present applicant that he shall co-operate in the trial proceedings properly, I am of the view that the present applicant may be released on bail. The bail application is allowed. Let the applicant- Pyare Lal, 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 :- 28.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench