HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21201 of 2024 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 3. This is the second bail application moved on behalf of applicant. His first bail application was rejected by this Court vide order dated 15.02.2024 passed in Criminal Misc. Bail Application No. 37361 of 2023. 4. Learned counsel for the applicant submits that applicant is the husband of the deceased. He further submits that the alleged incident was occurred on 02.04.2023, charges were framed on 04.12.2023 and after framing of charge 46 dates have been fixed at the trial and despite issuance of non bailable warrant to the first informant he has not turned up to adduce his evidence at the trial uptill now, on account of which trial is running at snail pace. It appears that informant is adopting delaying tactics to prolong the trial anyhow, whereas, the applicant is in jail since 23.05.2023. The order sheet of the trial showing is annexed as Annexure- S.A.1 to the supplementary affidavit filed today. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.05.2023, having no criminal history. 5. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be Versus Counsel for Applicant(s) : Daya Shanker Pandey, Kesh Mani Dubey, Rajesh Chandra Gupta Counsel for Opposite Party(s) : G.A. Dharmvir .....Applicant(s) State of U.P. .....Opposite Party(s) adjudged before conclusion of trial, therefore, he does not deserve any indulgence, but he has not disputed that the informant has not turned at the trial to adduce his evidence despite issuance of non bailable warrant against him. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. Accordingly, the bail application is allowed. 7. Let applicant-Dharmvir, involved in Case Crime No. 122 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Crossing Republic, District Ghaziabad, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 14, 2025 Mustaqeem. BAIL No. 21201 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad