Neutral Citation No. - 2025:AHC-LKO:37915 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5885 of 2025 Applicant :- Sonu @ Ahmad Ashraf Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Deptt. Lko. Counsel for Applicant :- Piyush Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Piyush Kumar Singh, learned counsel for the applicant and Sri Rajneesh Kumar Verma, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Sonu @ Ahmad Ashraf) is languishing in jail since 05.05.2025 in Case Crime No.87 of 2025, under Sections 80 (2), 85 and 103 (1) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station-Nanpara, District- Bahraich. 3.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4.Learned counsel for the applicant has further submitted that in the First Information Report (in short F.I.R.), no specific role has been assigned to the present applicant as general role has been assigned to all the accused persons. So as to implicate the entire family, the present applicant who is brother-in-law (Jeth) of the deceased, has been implicated in this case. The present applicant has been living separately with his family members. He had nothing to do with the family members of his brother or his wife (since deceased). He had never demanded any dowry from the deceased or her family members. The cause of death is strangulation and the deceased is having 10 ante-mortem injuries but the present applicant is absolutely unaware as to how the deceased received those injuries for the reason that he is living separately. There might be some scuffle between the husband and wife, but he is not aware of such scuffle. 5. Learned counsel for the applicant has stated that the present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed and he undertakes that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted, and shall abide by all terms and conditions of bail order. 6.Learned Additional Government Advocate has, however, opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 7.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that general allegation has been levelled against all the accused persons including the present applicant; no specific role has been attributed to the present applicant; the cause of death is strangulation; the present applicant was having cordial relation with the deceased; the present applicant was living separately and he is absolutely unaware as to how the deceased received such injuries; the charge-sheet has been filed and the undertaking that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Sonu @ Ahmad Ashraf) 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 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 applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 4.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench