Neutral Citation No. - 2025:AHC-LKO:48683 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7571 of 2025 Applicant :- Rohit Alias Rohan Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. Counsel for Applicant :- Uttam Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.400/2024 under Section 498A, 304B Indian Penal Code and Sectionn 3/4 D.P.Act, police Station Madhaoganj, District Hardoi. In the First Information Report, it is alleged that the daughter of the informant was married to the applicant on 11.05.2016. A demand of Rs. 6,00,000/- was made as dowry; however, the in-laws were allegedly demanding Rs. 1,00,000/- in cash and a Bullet motorcycle. It is further alleged that on 17.06.2024, the daughter of the informant informed that she was being subjected to cruelty and harassment on account of demand of dowry and called upon the respondents to take her back. On the next day, i.e., 18.06.2024, at about 10:45 a.m., it is alleged that the accused persons killed the deceased. Learned counsel for the applicant submits that the FIR has been lodged through an application under Section 175 BNSS after a delay of several months. The applicant was present during the inquest proceedings. He further submits that as per the postmortem report, the cause of death was asphyxia due to antemortem injury, and no other antemortem injury was found on the body of the deceased. It is also submitted that the applicant has no criminal antecedents. Learned A.G.A. has opposed the bail prayer of the applicant. However, upon query made by the Court regarding the allegation of demand of dowry on one day beforer the death of the deceased, i.e., 17.06.2024, he, on the basis of the case diary, submitted that no investigation on this aspect appears to have been carried out. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant was present during the inquest proceedings; he has no criminal antecedents, FIR has been lodged after delay of several months; general nature of allegations in the prosecution case, out of eight named accused persons Investigating officer has dropped the name of 6 accused persons coupled with the fact that charge-sheet has been filed in the matter; the applicant is in jail since 4.3.2025 and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Rohit alias Rohan be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 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 IPC (now Section 269 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 IPC (now Section 209 BNS). Order Date :- 20.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench