Neutral Citation No. - 2025:AHC-LKO:35158 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5253 of 2025 Applicant :- Gopi Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ripu Daman Shahi,Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 572 of 2024, under Sections 103(1), 80(2), 85, 238, 3(5) B.N.S. and Section 3/4 of D.P. Act, Police Station- Kotwali Dehat, District- Balrampur. 3. Learned counsel for the applicant submits that the applicant, who is brother-in-law/devar of the deceased, has been falsely implicated in the present case and he is in jail since 11.01.2025. He further submits that marriage of brother of the applicant was solemnised with daughter of the informant of the present case in the year 2021. As the daughter of the informant has been missing from 21.11.2024, brother of the applicant enquired about the same telephonically from the informant. It is further submitted that body of the deceased was found in the river and the informant, who is one of the witnesses, was present at the time of inquest of the body of deceased. A written complaint was given, on which, F.I.R. of the case in question was lodged on the basis of the application dated 22.11.2024 written by the informant. On 26.11.2024, another complaint was given by the informant against the applicant and other family members including the son-in-law with the allegation that they were victimizing his daughter for demand of dowry, motorcycle etc. However, the aforesaid facts were not narrated to the police by the informant at the time of inquest of the body of deceased. It is lastly submitted that charge-sheet has already been filed and there is no possibility of tampering of any evidence. As the applicant is ready to cooperate in the investigation, he may be enlarged on bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that sufficient evident is found against the applicant. However, he does not dispute the fact that at the initial stage, no allegation as regards demand of dowry as well as victimization of the daughter of the informant was made to the police by the informant who later on developed a case by moving application on 26.11.2024. 5. Considering the submissions of learned counsel for the parties and going through the contents of the F.I.R., complaint dated 26.11.2024 as well as other relevant materials, it is evident that the applicant is brother-in-law/devar of the deceased and general allegations are leveled against all the accused persons. Therefore, it is a fit case for bail. 6. The bail application is allowed. 7. Let the applicant- Gopi 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 10.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench