Neutral Citation No. - 2025:AHC:19082 Court No. - 90 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11894 of 2024 Applicant :- Ankesh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Mahendra Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Shri Amit Daga, the learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned counsel for the applicant submits that applicant is the husband of the deceased, he is innocent and has falsely been implicated in the case. He further submits that the marriage of applicant was solemnized with the deceased on 12.06.2020 and the deceased died by hanging herself on 27.09.2023. Learned counsel further submits that though in the F.I.R. there is allegation against the applicant and other in-laws for making demand of dowry in the form of five lakh rupees and on account of non fulfillment thereof subjecting cruelty and mental agony to the deceased by all the accused persons and ultimately for killing her, but during trial P.W.1-informant and P.W.2 in their statements have clearly suggested no grievance with the applicant by stating that the applicant has not ever made any demand of dowry. Learned counsel further submits that the deceased committed suicide by hanging herself and after the incident the applicant immediately took her to the hospital where she was declared brought dead. Learned counsel further submits that in the postmortem of the deceased except one ligature mark there is no other injury found on the body of the deceased and stain of dribbling of saliva from right angle of mouth was present, which shows that the deceased had committed suicide by hanging herself and the applicant along with family members have been implicated in the case falsely. 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 30.09.2023, having no criminal history, therefore, he deserves to be enlarged on bail sympathetically. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. 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. 5. Let applicant-Ankesh, involved in Case Crime No. 0126 of 2023, under Sections 498-A, 304-B, 352, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Madawara, District Lalitpur, 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 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. 6. 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 in accordance with law. 7. The bail application is allowed. Order Date :- 10.2.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad