Neutral Citation No. - 2025:AHC-LKO:24158 Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2157 of 2025 Applicant :- Rohit @ Rohit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dinesh Pratap Singh Counsel for Opposite Party :- G.A.,Akhilesh Singh Chauhan,Santosh Kumar Mishra Hon'ble Rajeev Singh,J. 1. Short counter affidavit filed by learned counsel for the complainant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State of U.P. and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No.0082 of 2024 under Sections 498A, 304B IPC and Section 3/4 of DP Act, Police Station Hasanganj, District Unnao with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 04.04.2024. He further submitted that the applicant and deceased were in friendship, thereafter, they entered into marriage but the family members of deceased were not happy with the marriage of applicant and deceased, as a result, they started giving life threat to the applicant and his wife (deceased). He further submitted that deceased was planning to join as Angarwadi Karyakarta and prior to the date of incident, she also visited her matrimonial home to take her testimonials, where she was scolded by her parents and brothers, thereafter, she came back to applicant and narrated him the whole incident while weeping continuously. He further submitted that applicant tried to console her wife for some time and thereafter, he went outside for the purpose of employment and when he came back, he found that the door was locked from inside and on the suspicious, he immediately called the police. The police reached on the spot and found that the wife of applicant was hanging. Thereafter, the police immediately prepared inquest report and in the said report, name of person who gave information of the alleged incident is mentioned as " Rohit @ Rohit Kumar" i.e. applicant. He further submitted that at the time of inquest, father of the deceased was also present but he did not make any complaint to the police against the applicant, thereafter, the post-mortem of the body of the deceased was conducted and the cause of death was found ante-mortem hanging. After which, funeral of the body of the deceased was conducted and then the FIR was lodged on the basis of concocted facts. 5. Learned counsel for the applicant also drew attention of this Court on the application given by the wife of the applicant to the Circle Officer, Hasanganj, Unnao on 31.10.2023 in response to the complaint filed by her family members against the applicant. In the aforesaid application, she categorically stated that she entered into marriage with the applicant on her own will, as a result, her family members were annoyed and there is a possibility for the applicant to be killed by her family. After the said application, the aforesaid complaint made by the family members of the deceased was dropped. 6. Learned counsel for the applicant next submitted that 3 out of 29 witnesses have been examined and there is no possibility of tampering of any evidences and the applicant is also ready to cooperate in the trial proceeding. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. as well as learned counsel for the complainant vehemently opposed the prayer of the applicant for grant of bail and submitted that the deceased committed suicide because she was being victimized by the applicant but they did not dispute this fact that the deceased entered into marriage with the applicant on her own choice. They also conceded this fact that 3 out of 29 witnesses have been examined before the trial court. 8. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., inquest report, post-mortem report, application given by deceased in response to the complaint filed by her family members against the applicant, other relevant documents as well as totality of fact and circumstances, it is evident that the 3 witnesses have already been examined, therefore, there is no possibility of tampering of evidences. In such circumstances, I am of the view that the applicant is entitled to be released on bail. 9. Let applicant - Rohit @ Rohit Kumar - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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. (v) 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., may be issued and if 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. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 28.4.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench