Neutral Citation No. - 2025:AHC-LKO:706 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10280 of 2023 Applicant :- Afsar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Pawan Kumar Sharma,Mohd. Muballi Gussalam Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Mohd. Muballigus Salam, learned counsel for the applicant and Ms. Sudha Sharma, learned A.G.A. for the State. 2. This is the second bail application as first bail application bearing no.12220 of 2022 has been rejected by this Court (Hon'ble Dinesh Kumar Singh, J.) on 12.12.2022. While rejecting the first bail application, this Court directed to record the evidence of fact witnesses within a period of six months and after recording the evidence of fact witnesses another bail application may be pressed. 3. Learned counsel for the applicant has drawn attention of this Court towards supplementary affidavit dated 26.09.2024/03.10.2024 enclosing therewith a copy of order sheet showing that the evidence of fact witnesses have been recorded and the trial has been listed for 313 Cr.P.C. 4. The present applicant is in jail since 11.08.2021 in Case Crime No.219 of 2021, under Sections 498-A, 304B I.P.C. & 3/4 of Dowry Prohibition Act, Police Station - Jarwal Road, District - Bahraich. 5. Learned counsel for the applicant has stated that since the evidence of fact witnesses have been recorded, therefore, in compliance of the bail rejection order dated 12.12.2022 this second bail application has been filed and the aforesaid ground may be considered as fresh ground to dispose of the second bail application. 6. Learned counsel has further submitted that while considering the second bail application the total period of incarceration of the present applicant in jail, i.e. about 3 years and 4 months may be taken into account and also the undertaking of the present applicant may be considered that if the present applicant is released on bail, he shall abide by all the terms and conditions of the bail order and shall not misuse the liberty of the bail and shall cooperate in trial proceedings. 7. 7. Learned A.G.A. has opposed he aforesaid bail application by submitting that the wife of the present applicant died in mysterious circumstances in a house of her husband, the present applicant, within a period of 9 months of her marriage and there was demand of dowry and allegation of cruelty before her death. So far as the fact that the evidence of fact witnesses have been recorded is not disputed. 8. Having considered the arguments of learned counsel for the parties and having perused the material available on record, since the present applicant is in jail for the last 3 years and 4 months, evidence of fact witnesses have been recorded and those witnesses have been examined and cross-examined and the applicant has given his undertaking that he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings, therefore, I find it appropriate that the present applicant may be enlarged on bail. 9. Accordingly, the bail application is allowed. 10. Let applicant- Afsar, involved in aforesaid case crime number 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 which are being imposed in the interest of justice:- (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. (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. 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. (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. 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 the country without permission of the Court concerned. 11. Before parting with, the learned trial court is directed to expedite the trial at the earliest without giving any unnecessary adjournment to any of the parties. [Rajesh Singh Chauhan,J.] Order Date :- 6.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench