HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8748 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard Shri Sudhir Kumar Rai, learned counsel for the applicant and learned AGA for State-respondent. 2. Learned counsel for the applicant submits that the present applicant is in jail since 08.06.2025 in Case Crime No.98 of 2025 under Sections 80(2), 85, 125, 324(4), 191(2) BNS and Section 3/4 D.P. Act, police station Sareni, District Raebareli. 3. Learned counsel for the applicant has submitted that the present applicant, who is father-in-law of the victim (since deceased), has been falsely implicated in the case as he has not committed any offence as alleged. Even as per the FIR, no specific allegation has been levelled against the present applicant, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicant had nothing to do with the family affairs of her son. Her relations with her daughter-in-law were cordial and he never demanded any dowry from her or her family members. Learned counsel for the applicant has further submitted that cause of death could not be ascertained, therefore, viscera has been preserved and the viscera report is still awaited. There is no ante-mortem injury on the body of the victim (since deceased). There is no previous criminal history of any kind whatsoever against the present applicant. Learned counsel has further stated that the applicant undertakes that 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. Versus Counsel for Applicant(s) : Sudhir Kumar Rai Counsel for Opposite Party(s) : G.A. Jitendra Kumar Trivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) 3A. Learned counsel for the applicant submits that the co-accused Sheela Trivedi who was assigned similar role has been enlarged on bail by this Court vide order dated 15.07.2025 passed in criminal misc. bail application No. Learned counsel for the applicant seeks parity with the order of the co- accused. 4. Learned Additional Government Advocate as well as learned counsel for the complainant have opposed the prayer for bail but could not dispute the aforesaid submission of learned counsel for the applicant. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the bail order of co-accused Sheela Trivedi; the fact that the present applicant is father-in-law of the deceased, no specific allegation has been levelled against her; cause of death could not be ascertained, therefore, viscera has been preserved and the report is still awaited; there is no ante-mortem injury on the body of the victim (since deceased); 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. 6. Accordingly, the bail application is allowed on the ground of parity. 7. Let applicant- Jitendra Kumar Trivedi be released on bail in the aforesaid case crime number on her 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 / she 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 / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order BAIL No. 8748 of 2025 2 to secure his presence proclamation under Section 84 of 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 / her, in accordance with law, under Section 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 351 of 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 / her in accordance with law. (v) The applicant shall not leave India without previous permission of the court. September 12, 2025 R.C. BAIL No. 8748 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench