Neutral Citation No. - 2025:AHC-LKO:44655 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6773 of 2025 Applicant :- Raj Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Amitesh Pratap Singh,Neetu Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicants and learned Additional Government Advocate for the State. 2. As per learned counsel for the applicants, the present applicants are languishing in jail since 06.04.2025 in Case Crime No.0064 of 2025, under Sections 85 and 80(2) B.N.S., 2023 and Section 3/4 D.P. Act, Police Station- Khargupur, District- Gonda. They have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards impugned FIR, wherein on the allegation of demand of dowry and torture, entire family has been implicated. The present applicants are the father-in-law and mother-in-law of the deceased. They have never demanded any dowry from her or her family members and their relation with their daughter-in-law was cordial. No specific allegation has been attributed to the present applicants. Cause of death is Asphyxia due to ante-mortem hanging. As per postmortem report, there is no ante-mortem injury, except one ligature mark around the neck of the deceased, which might a cause on account of hanging. They had nothing to do with the family affairs of the deceased. 4. Learned counsel for the applicant has further submitted that the present applicants are having no prior criminal history of any kind whatsoever. Chargesheet has been filed. He has undertaken on behalf of the present applicants that the applicants 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. 5. Learned A.G.A. opposed the aforesaid bail by submitting that the offence is grievous in nautre but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific allegation has been levelled against the present applicants, both the applicants are father-in-law and mother-in- law of the deceased, their relation was cordial with her, cause of death is Asphyxia due to ante-mortem hanging, the present applicants are having no prior criminal history of any kind whatsoever; and the undertaking that the applicants shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and they shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicants may be enlarged on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicants (Raj Kumar and Roopwati) be released on bail in the aforesaid case crime number on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 them to appear and if the charge-sheet is filed against them they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicants 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 applicants 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 them in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 1.8.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench