Neutral Citation No. - 2025:AHC-LKO:28268 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2955 of 2025 Applicant :- Nem Kumar @ Nem Kumar Gupta @ Dimai Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Affairs Lok Bhawan Lko. Counsel for Applicant :- Rishabh Pandey,Mohd. Yasir,Navneet Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 27.07.2024 in Case Crime No.464 of 2024, under Sections 85, 80 (2) of B.N.S., 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961, Police Station- Mohammadpur Khala, District-Barabanki. 3. Learned counsel for the applicant has submitted that the present applicant, who is father-in-law of the victim (since deceased), has been falsely implicated in the case as he has not committed any offence as alleged. Even as per the FIR, no specific allegation has been levelled against the present applicant, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicant had nothing to do with the family affairs of his son. His relations with his daughter-in-law were cordial and he never demanded any dowry from her or her family members. Learned counsel for the applicant has further submitted that cause of death could not be ascertained, therefore, viscera has been preserved. There are two minor injuries on the body of the victim but the applicant is absolutely unaware about those injuries. Learned counsel has further stated that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order. The applicant has one case criminal history, which has been explained. 4. Further submitted that the identically situated co-accused namely, Fuljhara Devi @ Urmila Devi, has already been granted bail by this court vide order dated 12-03-2025 passed in Criminal Misc. Bail Application No. 2238 of 2025 and the applicant is seeking parity of the same. Therefore, submission is that the applicant may be enlarged on bail. 5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. He could also not dispute the fact that the identically situated co-accused named above, has already been granted bail by this court. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the present applicant is father-in-law of the deceased, no specific allegation has been levelled against him; cause of death could not be ascertained, therefore, viscera has been preserved; one case criminal history of the applicant has been explained; taking into consideration the undertaking given 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-Nem Kumar @ Nem Kumar Gupta @ Dimai, 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 her absence, without sufficient cause, the trial court may proceed against him under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 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 208 of the B.N.S., 2023. (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 351 of the B.N.S.S., 2023. 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. Order Date :- 14.5.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench