HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7883 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.58 of 2024, under Sections 498-A, 304-B I.P.C. and Sections 3/4 of Dowry Prohibition Act, P.S. Sursa, District Hardoi. 3. In the prosecution case it is alleged that daughter of the informant was married with the applicant on 25.11.2021. After two months, the named accused persons started committing cruelty upon her due to demand of dowry and a demand was made for gold and Rs.2,00,000/- cash and when informant expressed his inability then they refused her to send her parental home. On 24.02.2025 she was done to death by the accused persons. 4. Learned counsel for the applicant submits that applicant is innocent. It is submitted that general and sweeping allegations have been made by the complainant and the prosecution witness in their statement under Section 161 Cr.P.C. regarding demand of dowry. There is no material filed on record to show that victim was subjected to cruelty soon before her death. Cause of death is asphyxia as a result of ante mortem hanging, there is no other ante mortem injury on the body of the deceased. Applicant is innocent having no criminal history however, he is languishing in jail Versus Counsel for Applicant(s) : Avikshit Mishra, Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A. Ram Kishore .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) since 26.02.2024. 5. He further submits that till date not a single prosecution wittiness has been examined. Trial is not likely to be concluded in the near future. 6. Learned A.G.A. has opposed the bail prayer. 7. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 26.02.2024 having no criminal history, charge-sheet filed along with counter affidavit shows that 28 prosecution witnesses to be examined before the trial court, cause of death is asphyxia as a result of ante mortem hanging, sweeping and general allegations made in the prosecution case and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Ram Kishore be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) The applicant shall remain present before the trial court on each date BAIL No. 7883 of 2024 2 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 Panel Code (now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) 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 Panel Code (now Section 209 BNS). September 15, 2025 Saurabh Yadav/- BAIL No. 7883 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench