Neutral Citation No. - 2025:AHC-LKO:48718 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7653 of 2025 Applicant :- Munney Bhaiyya @ Nihal Naqvi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Sultan Hasan Ibrahim,Syed Ahmad Abbas Zaidi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Sri Akarsh Asthana on behalf of complainant is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.69 of 2025, under Sections 85, 80(2) of BNS and Section 3/4 of Dowry Prohibition Act, Police Station- Tal Katora, District- Lucknow. Learned counsel for the applicant submits that applicant is brother-in-law of the victim (deceased) he has been falsely implicated. No offence has been committed by the applicant. There are general and sweeping allegations made in the prosecution case against all the accused persons. Six accused persons have been named in the F.I.R. He submits that name of accused Nos.4, 5 and 6 have been dropped while filing the charge-sheet by the Investigating Officer. The cause of death could not be ascertained hence, viscera was preserved. In the Viscera report, aluminium phosphide was found. He submits that applicant is innocent. The co-accused Sitvat Jahan has been granted bail by a Co-ordinate Bench of this Court vide order dated 23.07.2025 passed in Criminal Misc. Bail Application No.6650 of 2025 to which applicant seeks parity. He submits that the applicant is in jail since 20.06.2025. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. Learned counsel for the complainant submits that deceased has died within seven years of marriage in the unnatural circumstance, it is a case of dowry death. He submits that deceased died on 07.04.2025. He submits that in the F.I.R. as well as in the statement of complainant it is mentioned that on 07.04.2025 all the accused persons have beaten the deceased. On due consideration to the submissions advanced, perusal of the record so also the post mortem report which shows that no ante mortem injury on the person of the deceased has been found thus, the submission of learned counsel for the complainant as well as the prosecution version prima facie not corroborated by the post mortem, bail order of co-accused Sitvat Jahan (supra) to which applicant seeks parity, general and sweeping allegations made against all the accused persons, applicant has no criminal history, charge-sheet has been filed 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 Munney Bhaiyya @ Nihal Naqvi 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 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). Order Date :- 20.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench