Neutral Citation No. - 2025:AHC-LKO:47106 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12840 of 2024 Applicant :- Badlu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh,Lalu Prasad Bhatt Counsel for Opposite Party :- G.A.,Bal Krishna Shukla Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the sister of the informant got married with the applicant on 23.5.2019 as per Hindu rites and rituals. After marriage, she was subjected to cruelty on account of demand of motorcycle and golden chain by the in-laws. It is further alleged that the applicant was having illicit relationship with the sister-in-law (bhabhi). On 7.6.2024, he was informed that the victim has died. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. As per post-mortem report, cause of death could not be ascertained and the viscera was preserved. In the viscera report, organophosphorus insecticide poison has been found. It is next submitted that the victim has committed suicide. PW-1 and PW-2 both have been examined before the trial court and they have been declared hostile. It is further submitted that the applicant has no criminal history and he is languishing in jail since 10.9.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, general nature of allegations made in the prosecution case so also the fact that the two witnesses of fact i.e., PW-1 and PW-2 have been declared hostile as they have not supported the prosecution case; cause of death could not be ascertained and the viscera was preserved; in the viscera report, organophosphorus insecticide poison has been found; the applicant has no criminal history; he is languishing in jail since 10.9.2024 and without expressing any opinion on the 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- Badlu involved in Case Crime No. 301 of 2024, under Sections 498A, 304B I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station- Kotwali Nanpara, District- Bahraich, 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 which are being imposed in the interest of justice:- (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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 12.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench