Neutral Citation No. - 2025:AHC-LKO:19348 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13881 of 2023 Applicant :- Sugreev Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajiv Raman Srivastava,Adarsh Shukla,D.K. Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard D.K. Singh Somvanshi, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 321 of 2022, under Sections 498-A, 304-B, 201 IPC and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Singahi, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.11.2022 against the applicant, his father, mother brother, brother's wife on the basis of application u/s 156(3) CrPC stating that the informant has got his daughter married to the applicant on 12.05.2021. All the accused persons used to harass her for demanding dowry and they had beaten her badly and hanged her at about 09:00 p.m. on 27.08.2022 due to which she died. Upon getting the information, the informant went to the applicant's house on 28.08.2022 but the dead body of his daughter had been cremated without getting the postmortem examination conducted. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned A.G.A. has filed a counter affidavit annexing therewith the copies of statement recorded during investigation and a copy of charge sheet submitted on 15.03.2023 against all the accused persons. All the other accused persons have already been granted bail. 6. Supplementary affidavit has been filed on behalf of the applicant annexing therewith the copy of the questionnaire issued by the Trial Court as per which all the charges have been framed against all the accused persons, however, not even a single prosecution has been examined till issuance of the questionnaire on 21.11.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that besides the statement of the informant and some other persons, there is no material to prima facie establish the commission of offence that all the accused persons have already been granted bail and that the applicant is languishing in jail since 21.02.2023 and not even a single prosecution witness has been examined during this period, the purpose of keeping the under trial prisoner is for ensuring his availability to face the trial whereas the trial is not proceeding at all and the purposes of keeping the applicant in custody during trial is not being achieved and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Sugreev be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 3.4.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench