Neutral Citation No. - 2025:AHC-LKO:15294 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2185 of 2025 Applicant :- Makbool Ahmad @ Yakub Hussain Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Kamal Kishor Tiwari,Rajneesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Kamal Kishor Tiwari, learned counsel for the applicant and Sri Ashok Kumar Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 29.09.2024 in Case Crime No.0285 of 2024, under Sections 304-B, 498-A, 323, 506 IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, Police Station – Kotwali Dehat, District – Bahraich. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards impugned FIR which was lodged on 06.06.2024 for the alleged incident dated 26.04.2024 pursuant to the application being filed under Section 156(3) Cr.P.C. on 03.05.2024. As per allegation of the FIR, due to non fulfillment of additional demand of dowry, the daughter of complainant was beaten and forcefully provided poisonous content and after taking such poisonous content, she died. 4. Learned counsel for the applicant has stated that the present applicant is the husband of the deceased and his relation with deceased was very cordial. This is a case of poisoning and the poisonous content is Aluminium Phosphide. Ante-mortem injuries are nil. The cause of death could not be ascertained, therefore, viscera was preserved. Learned counsel has further submitted that he has enclosed the statements of PW-1 & PW-2 with the supplementary affidavit i.e. informant and brother of the deceased, who have turned hostile as they have not supported the prosecution version, rather has stated that the FIR was lodged on the advice of other persons. The present applicant is having no prior criminal history of any kind whatsoever. Charge-sheet has been filed. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. has opposed the prayer for bail of the present applicant by submitting that the allegation against the present applicant is serious in nature, therefore, he is not entitled for grant of bail, 6. Without entering into merits of the issue, considering the facts and circumstances of the case; perusing the material available on record; arguments advanced by learned counsel for the parties; the fact that ante-mortem injuries are nil; cause of death could not be ascertained, therefore, viscera was preserved; the statements of PW-1 & PW-2 i.e. informant and brother of the deceased, who have turned hostile as they have not supported the prosecution version, rather has stated that the FIR was lodged on the advice of other persons; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let applicant- Makbool Ahmad alias Yakub Hussain 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 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 applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 12.3.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench