Neutral Citation No. - 2025:AHC-LKO:21809 Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2413 of 2025 Applicant :- Naeem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. Counsel for Applicant :- Aditya Verma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. This is second bail application. 4. This bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 308 of 2023 u/s 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Kachhauna, District- Hardoi. 5. Learned counsel for the applicant submits that first bail application of the applicant i.e. Crl. Misc. Bail Application No. 2922 of 2024 was rejected by this Court on 23.04.2024 with direction to the trial Court to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties, but only one witness has been examined till today. He further submits that as per the prosecution case, cause of death of deceased/daughter of the informant of the present case is drowning in a pond which is situated near to the house of the applicant. He next submits that no antemortem injury is found on the body of the deceased. He also submits that marriage of the informant's daughter was solemnised by her family members against her wishes, as a result, most of the time she was annoyed with her family members, and this is a case of accident. He lastly submits that the applicant is in jail since 30.08.2023 and in near future, there is no possibility of conclusion of trial, hence, the applicant may be enlarged on bail. 6. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the deceased died within one year of her marriage and she was being victimized by the applicant and other family members. Drawing attention of the Court on the statements of independent witnesses (villagers), namely, Sharif, Yunus and Rashid recorded u/s 161 Cr.P.C., learned A.G.A. further submits that these independent witnesses have categorically stated that at the time of nikah, no dispute was taken place between the applicant and the informant's daughter, and thereafter, they were enjoying their matrimonial life peacefully; but after some time, dispute was arisen between them, which was brought before the police in the Month of April, 2023 and the said issue was resolved by way of compromise, as a result, the wife of the applicant started residing with him, therefore, this cannot be said that the informant's daughter was not being victimized. 7. Considering the submissions of learned counsel for the parties and going through the contents of F.I.R. as well as other relevant documents, it is evident that statement of P.W.-1 has already been recorded and the applicant is in jail since 30.08.2023. In near future, there is no possibility of conclusion of the trial. Therefore, this is a fit case for bail. The bail application is allowed. 8. Let the applicant- Naeem Khan who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. The trial Court is directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. Order Date :- 17.4.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench