Neutral Citation No. - 2025:AHC-LKO:36283 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5549 of 2025 Applicant :- Gajrani And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Aditya Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in FIR/ Case Crime No. 154 of 2025, under Sections 80(2), 85 of BNS, 2023 and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Sandila, District Hardoi. 3. Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. She submits that the applicant no.1 is the mother-in-law and the applicant no.2 is the father-in-law of the deceased. She submits that the post mortem report is evident that there is no ante mortem injury over the body of the deceased and the death is due to the ante mortem hanging. She added that the FIR is evident that there are general allegation against all the accused persons including the present applicants for demand of dowry in committing offence and the role has not been specified so far as the present applicants are concerned. She further submitted that the applicants are living separately as is stated in para 11 of the bail application and the applicants are law abiding citizen. She stated that the applicants have no previous criminal history and they are languishing in jail since 28.05.2025. Further, they have cooperated in the investigation proceedings and they undertake that in case, they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. Thus, submission is that the applicants may be enlarged on bail. 4. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicants wer involved in committing offence and as such, he is not entitled for any relief. 5. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicants are languishing in jail since 28.05.2025; prima facie, as per the post mortem report, there is no ante mortem injury over the body of the deceased and the death is due to the ante mortem hanging; the general allegation against all the accused persons including the present applicants; the applicants are living separately; there is no cogent piece of evidence against the applicants so as to connect them with the offence coupled with the fact that the applicants have undertaken that in case, they have granted bail, they will not misuse the liberty of same and would cooperate in the trial proceedings. 6. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 7. Let the applicants- Gajrani and Ramkhelawan involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A IPC (Now Section 269 BNS); (3) The applicants 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 313 Cr.P.C. (Now Section 351 BNSS); and (4) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (Now Section 84 BNSS) is issued and the applicants fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A IPC (Now Section 209 BNS). The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 24.6.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench