Neutral Citation No. - 2025:AHC:19686 Court No. - 90 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13391 of 2024 Applicant :- Karmveer Opposite Party :- State of U.P. Counsel for Applicant :- Jai Kishan,Vipin Kumar Counsel for Opposite Party :- G.A.,Kamlakar Pal,Sakshi Srivastava Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 2. Learned counsel for the applicant submits that applicant is the husband of the deceased. He further submits that marriage of the deceased was solemnized with the applicant in the year 2018 and the deceased died by hanging on 11.09.2023. Learned counsel further submits that though the F.I.R. was lodged with the allegation that all the accused persons named in the F.I.R. were not satisfied with the dowry given at the tie of marriage and they used to make demand of additional dowry, and on account of non fulfillment thereof the deceased was subjected to cruelty and mental agony, and ultimately they killed her on 11.09.2023, but in the postmortem report except one ligature mark of size 21.0 c.m. x 1.50 c.m. all around the neck no other mark of injury found on the entire body of the deceased and her hyoid bone was found intact and her cause of death was found to be asphyxia due to ante mortem hanging. Learned counsel further submits that the deceased was a short tamper lady and on some trivial issues the deceased committed suicide by hanging herself in a fit of rage and anger. Learned counsel further submits that one child left by the deceased is living with the parents of the applicant who are in advance age and are suffering from various old age disease and there is no other person to look after that child, thus, in the interest of children the applicant may be enlarged on bail sympathetically. 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 04.10.2023. 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 no explanation has come from the side of the applicant for committing suicide by the deceased. 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 and keeping in view of the interest of children of the applicant who is living with the parents of the applicant, 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-Karmveer, involved in Case Crime No. 300 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Jaithara, District Etah, 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 :- 11.2.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad