Neutral Citation No. - 2025:AHC-LKO:39348 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5953 of 2025 Applicant :- Parmesur Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Hari Shanker Maurya, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Parmesur) is languishing in jail since 24.06.2021 in Case Crime No.0111 of 2021, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 D.P. Act, Police Station- Baundi District- Bahraich. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. At the very outset, Sri Manoj Kumar Singh, learned counsel for the applicant has stated that in the FIR the false allegation of demanding dowry and torturing the victim (since deceased) has been levelled against the present applicant, who is husband of the deceased. Sri Singh has further submitted that if, the allegations are established beyond all reasonable doubts when a minimum punishment of seven years may likely to be awarded to the present applicant and presently he has completed 4 years and 1 month, therefore, he has already served more than two third punishment of minimum punishment. Besides, Sri Manoj Kumar Singh has stated that the prosecution decided to examine only one fact witness, who is informant and after examination of informant as the fact/star witness (PW-1), the examination of PW-2 doctor, PW-3 Tehsildar and PW-4 Investigating Officer have been examined. Therefore, Sri Manoj Kumar Singh has stated that considering the period of incarceration of the preset applicant i.e. more than four years and the fact that relevant fact/star witnesses have been examined, the present applicant may be enlarged on bail. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 4. Learned Additional Government Advocate has opposed the aforesaid bail prayer but he could not dispute the aforesaid facts. 5. Having heard learned counsel for the parties and having perused the material available on record; considering the period of incarceration of the preset applicant i.e. more than four years and the fact that relevant fact/star witnesses have been examined and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 6. Accordingly, the instant bail application is allowed. 7. Let the applicant (Parmesur) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and 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. 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 his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./351 of 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. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 10.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench