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2025 DAILYLAW 153957 (ALL)

MISHRI LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/6875/2025 · 2025-08-01

Rajesh Singh Chauhan

body2025

Judgment text

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Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6875 of 2025 Applicant :- Mishri Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Arvind Kumar Verma,Harish Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Arvind Kumar Verma, learned counsel for the applicant and Sri Hari Shanker Maurya, learned Additional Government Advocate for the State-respondents. 2. As per learned counsel for the applicant, the present applicant (Mishri Lal) is languishing in jail since 07.06.2025 in Case Crime No.201 of 2025, under Sections 85, 80(2) of BNS and Section 3/4 of Dowry Prohibition Act, Police Station-Sandila, District-Hardoi. 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 so narrated in the First Information Report (in short F.I.R.). No specific role has been attributed to the present applicant. The present applicant was having cordial relation with her daughter-in-law (since deceased) and he has never demanded any dowry from her or her family members. So as to implicate the entire family, the present applicant who is father- in-law, has been implicated in this case. Learned counsel for the applicant has submitted that the cause of death is hanging. There is no antemortem injury on the body of the deceased except ligature mark around the neck which might be caused due to hanging. The present applicant is having no previous criminal history. The investigation is pending and he is ready to cooperate in the investigation and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. 4. Per contra, learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicant but he could not disputed the aforesaid contention of learned counsel for the applicant. 5. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R., other material available on record, no specific role has been attributed to the present applicant, the cause of death is hanging and there is no antemortem injury on the body of the deceased except ligature mark around the neck which might be caused due to hanging, the undertaking of the present applicant that he shall co-operate in the investigation properly, I am of the view that the present applicant may be released on bail. 6. Let the present applicant (Mishri Lal) be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with 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. 7. In view of the aforesaid terms, the bail application is allowed. Order Date :- 1.8.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench