Neutral Citation No. - 2025:AHC-LKO:14853 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2152 of 2025 Applicant :- Ikrar Khan Opposite Party :- Sttae Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. Counsel for Applicant :- Tribhuvan Narai Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Tribhuvan Narain Singh, learned counsel for the applicant and Sri Anant Pratap Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 08.10.2024 in Case Crime No.267 of 2024, under Sections 85, 115(2), 80(2) of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as the "BNS") and Section 3/4 of Dowry Prohibition Act, Police Station- Nighasan, District- Kheri. 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. Attention has been drawn towards the impugned FIR, wherein, on the allegation of demand of dowry and torturing the entire family has been implicated. The present applicant is father-in-law of the deceased, his relation with his daughter-in- law (since deceased) was cordial. He has never demanded any dowry from his daughter-in-law or her family members. Cause of death is hanging and deceased received some ante-mortem injuries. Attention has been drawn towards Annexure-7 which is examination of informant as PW-1. The PW-1 turned hostile as he has not levelled any allegation against the present applicant while recording his chief. He has been cross examined by the public prosecutor, wherein, informant reiterated his statement being recorded in a chief. Further attention has been drawn towards Annexure SA-1 which is the evidence of PW-2, who is mother of the victim, who has also not supported the prosecution version in her chief examination. As the matter of fact, both the relevant/star witnesses have been turned hostile. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the 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. and other material available on record, Annexure-7 which is examination of informant as PW-1, wherein PW-1 turned hostile as he has not levelled any allegation against the present applicant while recording his chief; Annexure SA-1 which is the evidence of PW-2, who is mother of the victim, who has also not supported the prosecution version in her chief examination 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. 7. Accordingly, the bail application is allowed. 8. Let the present applicant (Ikrar Khan) be released on bail in the aforesaid case crime number on her 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 :- 11.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench