Neutral Citation No. - 2025:AHC-LKO:36718 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5778 of 2025 Applicant :- Noor Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kamal Kishor Tiwari,Suresh Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Supplementary Affidavit filed on behalf of the applicant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 287 of 2024, under sections 115(2), 85, 110, 351(2) of the B.N.S. and section 3/4 of the Dowry Prohibition Act, Police Station-Kaiserganj, District-Bahraich. As per the prosecution story, the complainant was married to the applicant,Noor Ali on 14-07-2022 and the demand of dowry of Rs. 10 Lac was made and failing which, she was subjected to cruelty and thereafter, she was admitted in J.S. Hospital, Bahraich, wherein she gave birth to a child. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant never demanded any dowry and the complainant was never subjected to cruelty. He next added that the complainant and the applicant were living happily and due to certain anonymity, the first information report has been lodged. He also added that as it was raining and the complainant slipped down and received injuries on her head and the applicant took the complainant to the hospital and also informed her parents,whereafter the father of the complainant reached to the hospital. He submits that during the admission in the hospital, she gave birth to a STILL CHILD on 16-08-2024. He next submits that infact that the delivery was normal as is evident from the statement of the doctor, who examined the complainant. He has also drawn attention of this court towards Annexure No. 5 of the bail application, which is the statement of the doctor and submitted that on query being asked by the Investigating Officer, the doctor answered that incident did not happen due to any kind of injury and that was with reason to 'STILL BIRTH'. He also submits that there is no cogent piece of evidence against the applicant so as to commit offence and investigation is going on and the applicant is cooperating in the same. Next submission is that the applicant has a case criminal history, which has been explained and he is languishing in jail since 13-05-2025. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 13-05-2025; one case criminal history of the applicant has been explained and the statement of the doctor creates material doubt in the prosecution story coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, 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. Let the applicant-Noor Ali involved in the aforementioned 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 of the Indian Penal Code; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. 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 :- 27.6.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench