Neutral Citation No. - 2025:AHC-LKO:39378 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5957 of 2025 Applicant :- Bhola Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Ajay Pratap Singh,Ram Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Ajay Pratap Singh, learned counsel for the applicant and Sri Alok Pratap Singh, learned AGA for the State. The present applicant is in jail since 23.07.2023, in case crime no. 257 of 2023, under Sections 304 of IPC at Police Station Haidergarh District Barabanki. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. The present applicant is a husband of the deceased and he is the sole accused. During the course of the examination, the statement of one Smt. Poonam, who is the sister of the applicant has been recorded where she had levelled allegation against her brother that the present applicant had beaten his wife mercilessly resultant thereof she died, however, while recording the evidence before the learned trial court, the informant turned hostile as he did not support the prosecution story, rather has stated that the present applicant had not beaten his daughter who is wife of the present applicant. He has further stated that his daughter (since deceased) never made any complaint against the present applicant. His daughter died on account of assault caused by some unknown antisocial elements. During course of the cross examination, the informant (P.W.1) reiterated that the prosecution story is false and misconceived so far as the role of the present applicant is concerned. Thereafter, PW2, Smt Poonam was examined and she also did not support the prosecution story, rather has stated that his sister-in-law, Bhabhi was assaulted by some unknown antisocial elements resultant thereof she died. The relation of her brother with his wife, since disease was cordial at the time of alleged incident, she was present in the same premises, but her statement was not recorded by the Investigating Officer. Therefore, Smt. Poonam was also declared hostile. There is no prior criminal history of the applicant of any kind whatsoever. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 23.07.2023; Both the complaint and applicants' sister, Smt Poonam have turned hostile; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Bhola Rawat, 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 of the Indian Penal Code/ 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 the 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 of the Indian Penal Code/ 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 the 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 10.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench