Neutral Citation No. - 2025:AHC-LKO:47167 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2537 of 2025 Applicant :- Pappu @ Tauseef Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Tribhuvan Narai Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that daughter of the complainant, Sonam Bano, was married to Tausif Khan on 08.05.2024. Despite giving dowry, including a motorcycle, she was allegedly harassed by her in-laws for a four-wheeler. Soon after marriage, the accused persons allegedly tied her with a rope, beat her for a week without food, and subjected her to electric shocks. She informed the complainant over the phone, prompting him to bring her back home, but on 06.10.2024 at about 9:30 a.m., her father-in-law took her back. It is alleged that she was again subjected to cruelty, and at about 4:30 p.m. the same day, she died. Learned counsel for the applicant submits that two prosecution witnesses of fact have been examined, both of whom did not support the prosecution during cross-examination. Out of 28 witnesses, only two have been examined so far. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA opposes the bail, arguing that there are four antemortem injuries apart from the ligature mark on the deceased’s body, indicative of a dowry death, and these injuries have not been explained by the accused. In reply, learned counsel contends that PW-1 testified before the trial court that the victim committed suicide and the four superficial injuries were sustained by her from a slip one day prior to the incident. In view of the fact that PW-1 has already been examined, and he has not supported the prosecution case, the applicant is in custody since 16.10.2024 with no criminal antecedents, the inquest report noted no antemortem injuries, the cause of death is asphyxia due to antemortem hanging, only two out of 28 prosecution witnesses have been examined so far, and the trial is not likely to be concluded in the near future, this Court, keeping in mind the principles laid down by the Hon’ble Supreme Court in Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693, finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Pappu @ Tauseef involved in Case Crime no. 267/2024 U/s 85, 115(2) 80 (2) B.N.S.And 3/4 of D.P. Act, Police Station- Nighasan District Kheri, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) 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 in accordance with law. (vi) 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. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 12.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench