Neutral Citation No. - 2025:AHC-LKO:3147 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13018 of 2024 Applicant :- Jahangeer And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sumit Chauhan Counsel for Opposite Party :- G.A.,Ashutosh Bajpai Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicants and Sri Arun Kumar Verma, learned A.G.A. for the State. 2. Learned AGA has filed counter affidavit and learned counsel for the applicant has filed rejoinder affidavit, the same are taken on record. 3. As per learned counsel for the applicants, the present applicants are in jail since 08.11.2024 in Case Crime No.491 of 2024, under Sections 85, 80 (2) of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station – Nanpara, District – Bahraich. 4. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in the case as they have not committed any offence as alleged. Further, the present applicants are father-in-law and mother-in-law of the victim (since deceased). Attention has been drawn towards the impugned FIR wherein general allegations of demanding dowry and cruelty have been levelled against the entire family including the present applicants. No specific role has been attributed to the present applicants. As a matter of fact, the present applicants were having cordial relations with the victim (since deceased) and have not demanded any dowry from her or her family members. Cause of death is hanging. There is no ante-mortem injury on the body of the victim except one ligature mark around the neck, which might have been caused due to hanging. Further, they had nothing to do with the family affairs of their son or his wife and they are absolutely unaware about the reason as to why their daughter-in-law had died from hanging. Further, the applicants are having no prior criminal history. The applicants undertake that they shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicants shall abide by all terms and conditions of the bail order. 5. Learned A.G.A has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicants. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the present applicants are father-in-law and mother-in-law of the deceased, no specific allegation has been levelled against them; there is no ante- mortem injury on the body of the victim except the ligature mark; the applicants are having no prior criminal history and undertaking of the applicants that they shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicants on bail. 7. Accordingly, the bail application is allowed. 8. Let applicants- Jahangeer and Smt. Gangajali be released on bail in the aforesaid case crime number on both of them 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicants 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 the B.N.S.S., 2023. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. (v) The applicants shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 17.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench