Neutral Citation No. - 2025:AHC-LKO:28972 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11818 of 2024 Applicant :- Sonu Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ashutosh Bajpai Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 280 of 2023, under sections 498-A,304-B of the I.P.C. and section 3/4 of the Dowry Prohibition Act, Police Station-Khairighat, District-Bahraich. Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the instant matter due to ulterior motive. He added that the statements of P.W.-1, P.W.-2 and P.W.-3, have been deposed before the learned trial court, wherein, they have denied the story of the prosecution as they have not supported the version of the prosecution. He next added that P.W.-1, Babu Ram is the father of the deceased, P.W.-2 is the mother of the deceased and Brahmanand Mishra is the village person, where the incident has taken place. He submits that in the statements of the witnesses, it has borne out that there was no demand of dowry by the applicant and his family members and further the allegation with respect to torture the deceased has also been declined. He further argued that the cause of death is due to hanging and the reason has also been explained that there was some illicit relation of the deceased with other person and after the intervention in the same, she got annoyed and she hanged herself. He next submits that the trial would not lead to the punishment as all the important witnesses of the facts have become hostile and they have not supported the version of the prosecution. He further submitted that the applicant is a law abiding citizen and there is no previous criminal history of the applicant as has been explained in paragraph no. 19 of the bail application and he is languishing in jail since 18-04-2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Therefore, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid, but, he could not dispute the fact that all the witnesses of facts have become hostile including the complainant. This court has taken note of the fact that the statements of the witnesses are evident that there was no demand of dowry as well as the allegation of torture has been refuted by the witnesses, whose testimonies are deposed before the learned trial court; there is no previous criminal history of the applicant as has been explained in paragraph no. 19 of the bail application; the applicant is languishing in jail since 18-04-2024 coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Sonu Verma involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 16.5.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench