Neutral Citation No. - 2025:AHC:39247 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6280 of 2025 Applicant :- Kailash Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav,Umakant Pal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajesh Kumar Yadav, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records. 3. This bail application under Section 439 of Code of Criminal Procedure / under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Kailash, seeking enlargement on bail during trial in connection with Case Crime No.277 of 2024, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Kotwali, District Mainpuri. 4. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the father-in-law of the deceased Smt. Karishma. It is argued that the deceased committed suicide and died which is suggestive from the postmortem report wherein the doctor found single ligature mark on her body and cause of death has been opined as asphyxia as a result of hanging. While placing para no.36 of the affidavit filed in support of bail application, it is argued that co-accused Ajai Kumar @ Raja, the husband of the deceased is in jail. While placing para no.37 of the affidavit filed in support of bail application, it is argued that charge-sheet has been submitted in the matter on 06.06.2024. It is argued that since the investigation has concluded, as such there are no chances of the applicant tempering with the evidence. It is argued that although F.I.R. was lodged against six persons but co-accused Ravi, the Jeth of the deceased, Rani @ Ragini and Shivani, both the Nanad of the deceased have been exonerated in the present matter and charge sheet has been submitted only against the applicant, Rajjo @ Manjoo the mother-in-law of the deceased and Ajay Kumar @ Raja the husband of the deceased. It is argued that co-accused Rajjo @ Manjoo has been granted bail by this Court vide order dated 17.03.2025 passed in Criminal Misc. Bail Application No. 5436 of 2025, the copy of the said order has been produced before the Court which is taken on record. It is also pointed out that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 05.06.2024. 5. Per contra learned counsel for the State has opposed the prayer for bail and argued that the applicant is named in the first information report along with other accused persons and there are allegations against him. 6. After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the father-in-law of the deceased. General and omnibus allegations have been made in the F.I.R. against the applicant and his family members. The husband of the deceased is in jail. The charge sheet has been submitted in the matter. Co-accused Rajjo @ Manjoo has been granted bail. 7. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 8. Let the applicant- Kailash, be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 174-A I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant 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 him in accordance with law and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. 11. Pending application (s), if any, shall stand disposed of. Order Date :- 19.3.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad