Neutral Citation No. - 2025:AHC-LKO:8865 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13029 of 2024 Applicant :- Majeed Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Anshul Baranwal Counsel for Opposite Party :- G.A.,Bhanu Dutt Dwivedi Hon'ble Shree Prakash Singh,J. Case called out in the revised list. No one is present on behalf of the complainant. The life and liberty of the applicant is on stake. Under the aforesaid circumstances, the Court is proceeding in the matter. Heard learned counsel for the applicant, learned AGA 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. 343 of 2024, under Section 85, 115(2), 80 of BNS, 2023 and 3/4 of Dowry Prohibition Act, Police Station Tambor, District Sitapur. It is contended by learned counsel for the applicant that the applicant is father-in-law, aged about 60 years. He was not involved in committing the offence. He next submits that the general allegations have been levelled against all the accused persons, including the present applicant and even the witnesses have not attributed specific role. He also submits that the deceased committed suicide due to the reasons best known to her. He next added that the post-mortem report is evident that there are no antemortem injuries on the body of the deceased and it seems that due to sudden provocation, she has committed suicide. Further, there is no evidence that dowry has ever been demanded and any torture on behest of the present applicant has been done. Next submission is that chargesheet has been filed in the matter, therefore, there is no possibility that the applicant would tamper the evidences. Further submits that the applicant has a case criminal history which has been explained and he is a law abiding citizen and languishing in jail since 20.08.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings, thus submission is that the applicant may be enlarged on bail. Per contra, learned AGA for the State has opposed the contention aforesaid and submits that the applicant is involved in committing the offence and, as such, he is not entitled for any relief. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the applicant is father-in-law of 60 years of age; general role has been assigned to all the accused persons; no specific role has been assigned to the present applicant; there is no antemortem injury on the body of the deceased; chargesheet has been filed in the matter, therefore, there is no possibility that the applicant would tamper the evidences; applicant has explained a case criminal history and he is languishing in jail since 20.08.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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-Majeed 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 :- 11.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench