Neutral Citation No. - 2025:AHC-LKO:14698 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2074 of 2025 Applicant :- Ram Mahesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Apoorv Srivastava,Aakash Srivastava,Sunil Mohan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Apoorv Srivastava, learned counsel for the applicant and Sri Ranvijay Singh, learned Additional Government Advocate for the State-respondents. 2. As per learned counsel for the applicant, the present applicant (Ram Mahesh) is languishing in jail since 01.02.2025 in Case Crime No.494 of 2024, under Sections 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Kotwali City, District-Hardoi. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). 4. Attention has been drawn towards Annexure no. 3, which is a compromise between the deceased and her husband dated 10.08.2023, wherein, it was decided that the deceased would live with her husband separately and she will not live with her father-in-law and mother-in-law. In such compromise deed, specific allegation has been levelled against the husband of the deceased that he is a drunkard and after consuming liquor, he used to beat her mercilessly. 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. The cause of death is unknown and the viscera is preserved. There are two antemortem injuries but the present applicant is absolutely unaware as to how the deceased received such injuries as he has been living separately since 2003. The present applicant is having no previous criminal history. The charge-sheet has been filed 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. 5. Per contra, learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicant but he could not disputed the aforesaid contention of learned counsel for the applicant. 6. 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., other material available on record, no specific role has been attributed to the present applicant, the charge-sheet has been filed, the cause of death is unknown and the viscera has been preserved, the present applicant was living separately since 2003, 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. 7. Let the present applicant (Ram Mahesh) 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. 8. In view of the aforesaid terms, the bail application is allowed. Order Date :- 11.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench