Neutral Citation No. - 2025:AHC-LKO:47151 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7320 of 2024 Applicant :- Akhilesh Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Arjun Singh Somvanshi,Aditya Kumar,Anita Counsel for Opposite Party :- G.A.,Devendra Pratap,Saad Husain,Shashank Shekhar Singh Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the complainant married his daughter, Sadhana Nishad, to the applicant, Akhilesh Nishad, on 19.02.2020, spending approximately Rs. 15 lakh and giving gifts as per his capacity. The in-laws were dissatisfied and demanded a Mahindra Scorpio vehicle along with Rs. 5 lakh as additional dowry. After marriage, the accused persons are said to have subjected the victim to physical and mental cruelty over the dowry demand and eventually ousted her from the matrimonial home. On 03.02.2024, at about 6:00 p.m., villagers informed the complainant’s son that the victim had been killed by her in-laws. Learned counsel for the applicant submits that the applicant has no criminal antecedents and is in custody since 11.02.2024. The cause of death, as per the postmortem, is asphyxia due to antemortem hanging. It is further submitted that three prosecution witnesses of fact have already been examined and all have been declared hostile. In view of this, there is no likelihood of evidence being tampered with. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Upon perusal of the record, it appears that the inquest report does not mention any antemortem injuries; however, the postmortem report mentions four contusions, which could have occurred while bringing the body down. The three fact witnesses, including the complainant, have not supported the prosecution version. Considering these facts and the period of incarceration since 11.02.2024 without any prior criminal history, the Court is of the opinion that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Akhilesh involved in Case Crime No-45/2024, U/S-498-A, 304-B I.P.C. & U/S 3/4 Dowry of Prohibition Act, Police Station- Mallawan, District-Hardoi, 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