Neutral Citation No. - 2025:AHC:78991 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11403 of 2025 Applicant :- Jagjeevan Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Manoj Kumar Maurya, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State. 2. This is second bail application filed by applicant-Jagjeevan Sahani in Case Crime No. 159 of 2021 (Session Trial No. 310 of 2022), under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station Bhatpar Rani, District Deoria. First bail application of applicant was rejected vide order dated 10.05.2023 by giving following reasons: “In the present case, a young bride of having marriage life of six months and eighteen days only has ended her life since her husband and her in-laws have committed cruelty in regard to demand of dowry of motor-cycle. Evidence in regard to demand of dowry remained consistent in statements of father and mother of deceased. So far as, brother of deceased is concerned, there is substance in the argument of learned A.G.A. for State and learned counsel for informant that his age is to be about thirteen years, therefore, it is possible that he has no knowledge about cruelty committed to his sister(deceased) in regard to demand of dowry. In these circumstances, considering that applicant also has to discharge the burden as provided under Section 106 Cr.P.C., therefore, he has not made out a case of bail. Accordingly, bail application is rejected.” 3. In pursuance of an order passed by this Court, Trial Court has submitted report that out of 21 proposed prosecution witnesses, till date, despite coercive measures, except one witness, no other witness has come forward to depose. 4. Learned counsel for applicant submits that applicant is in jail since 19.07.2022, i.e., for about two years and nine months, therefore, in aforesaid circumstances, the period of incarceration may be considered as a prolong incarceration and applicant is entitled for bail. 5. Learned AGA appearing for State has opposed the prayer for bail, however, status of trial is not disputed. 6. In view of above, the Court is of the view that since trial is proceeding in snail’s speed and witnesses are not coming forward to depose despite coercive measures, therefore, aforesaid period of incarceration can be considered as a prolong incarceration and a case of bail is made out. 7. However, applicant is directed to remain present on each and every date as and when required by Trial Court during trial and in case any application for exemption on vague ground is filed, the same shall be a ground for Trial Court to cancel bail immediately. 8. Let the applicant-Jagjeevan Sahani 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 shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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. (iii) 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. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. 9. 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. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 14.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad