Neutral Citation No. - 2025:AHC-LKO:44900 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11739 of 2023 Applicant :- Kamlesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. Counsel for Applicant :- Amit Kumar Awasthi,Alok Kumar Singh,Dharm Trivedi,Shubham Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Alok Kumar Singh, learned counsel for the applicant and Sri Rishikesh Verma, learned AGA for the State. 2. Supplementary affidavit filed today is taken on record. 3. The present applicant is in jail since 22.08.2021, in case crime no. 357 of 2021, under Sections 498A, 304B of IPC and 3/4 of DP Act at Police Station Mohammadi District Kheri. 4. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 5. Learned counsel for the applicant has stated that as per the prosecution story, the wife of the present applicant committed suicide under mysterious circumstances and the allegation is that the present applicant and his family members were torturing her and demanding dowry. As a matter of fact, the relation of the present applicant with his wife was cordial, and he is absolutely unaware as to how his wife committed suicide. At the time of incident in question, the present applicant was studying in Class 12th as the relevant educational documents to that effect has been enclosed as Annexure No. 1 to the supplementary affidavit. Learned counsel has stated that on account of the fact that he is in jail for last four years, he could not pursue his studies. He has further submitted that total four fact/relevant witnesses of prosecution have been examined out of total 14 witnesses. He has further submitted that now the examination of formal and expert witnesses is to be carried out, therefore, if the present applicant is released on bail he may not influence any witnesses or tamper the evidence. If he is released on bail, he would be able to pursue his studies. Looking into the pace of trial, there is no likelihood to conclude the trial, therefore, considering the period of incarceration of the applicant in jail of about four years, he may be enlarged on bail. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 6. Learned AGA has opposed the prayer for bail by submitting that the present applicant being a husband is fully responsible for the mysterious death of his wife though the cause of death is hanging, but the deceased suffered eight ante mortem injuries. 7. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 22.08.2021 and more that four years have been passed; the applicant is a student of Class 12th; almost all fact/relevant witnesses have been examined; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. The bail application is allowed. 9. Let the applicant- Kamlesh, be released on bail in the aforesaid case crime number 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:- (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. Order Date :- 1.8.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench