Neutral Citation No. - 2025:AHC-LKO:13378 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1993 of 2025 Applicant :- Rampal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ravi Shanker Tewari,Sheo Pal Singh,Vishwakant Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ravi Shanker Tewari, learned counsel for the applicant and Ms. Rafia Farooqui, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 07.11.2024 in Case Crime No. 0749 of 2024, under Sections 80(2), 85 and 351(3) of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as the "BNS") and Section 3/4 of Dowry Prohibition Act, Police Station- P.G.I. District- Lucknow. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. 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 his 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 father-in-law, has been implicated in this case. Cause of death is hanging. As per postmortem report, there is no antemortem injury, except one ligature mark around the neck of the deceased, which might a cause on account of hanging. The deceased was living separately and the applicant had nothing to do with the family affairs of his son and his wife. The co-accused persons i.e. mother-in-law and brother-in-law (Devar) has already been granted anticipatory bail in re: Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 21/ 2025 and 198/2025 vide orders dated 13.01.2025 & 04.03.2025 passed by this Court. The present applicant is having no previous criminal history. He undertakes that he 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. 5. Learned Additional Government Advocate has, however, opposed the prayer for bail by submitting that all the family members were torturing the victim (since deceased) and were demanding dowry victim and her family member. 6. 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 as per postmortem report, there is no antemortem injury, except one ligature mark around the neck of the deceased, which might a cause on account of hanging. The deceased was living separately and the applicant had nothing to do with the family affairs of his son and his wife. The co-accused persons i.e. mother-in-law and brother-in-law (Devar) has already been granted anticipatory bail in re: Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 21/ 2025 and 198/2025 vide orders dated 13.01.2025 & 04.03.2025 passed by this Court; the present applicant is having no previous criminal history and he undertakes that he 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, I am of the view that the present applicant may be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the present applicant Rampal be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with 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 present applicant shall not leave the country without prior permission of the Court. Order Date :- 5.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench