Neutral Citation No. - 2025:AHC-LKO:14408 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2098 of 2025 Applicant :- Chandra Mohan Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anil Kumar Nishad Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Anil Kumar Nishad, learned counsel for the applicant, the learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant (Chandra Mohan) with a prayer to release the applicant on bail during the trial in Case Crime No.0337 of 2024, under Section 80 & 85 of B.N.S. 2023 and Section 3 & 4 of Dowry Prohibition Act, 1961, P.S.- Madhauganj District Hardoi. 3. As per the prosecution story, the applicant and other co- accused persons have hanged the deceased and as a result thereof, she died. 4. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that the applicant is father-in-law of the deceased who is 68 years of age and is not involved in commission of the offence. He further added that as per the post mortem report, there is no ante mortem injury of hanging over the body of the deceased. He submits that the prosecution has prima facie failed to substantiate that the dowry has ever been demanded. Further submission is that in fact, the deceased herself hanged and there is no criminal history of the applicant, which has been explained in para-33 of the bail application and the applicant is languishing in jail since 09.10.2024 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings properly. The co- accused, Smt.Meena, has been granted bail by this Court vide order dated 10.02.2025 passed in Criminal Misc. Bail Application No.1228 of 2025; Smt. Meena vs. State of U.P., therefore, on the basis of principles of parity, the present applicant may also be released on bail. 5. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. 6. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant is father-in-law of the deceased who is 68 years of age; as per the post mortem report, there is no ante mortem injury of hanging over the body of the deceased; in fact, the deceased herself hanged; there is no prior criminal history of the applicant, which has been explained in para-33 of the bail application; the applicant is languishing in jail since 09.10.2024 and he has undertaken that he will not misuse the liberty of bail if granted and would co- operate in the trial proceedings. 7. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. 8. Let the applicant (Chandra Mohan) involved in the aforementioned 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:- (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 :- 10.3.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench