Neutral Citation No. - 2025:AHC:19160 Court No. - 90 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15772 of 2024 Applicant :- Hirdesh Urf Hradesh Opposite Party :- State of U.P. Counsel for Applicant :- Beer Pal,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant as well as 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 further submits that marriage of the deceased solemnized with the applicant seven years prior to the date of incident and in that period two daughters were born out from their wedlock. 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 used to make demand of additional dowry in the form of motorcycle and on the date of incident all the accused persons killed her by pressing her neck. Learned counsel further submits that in the postmortem report except one ligature mark of size 26.0 c.m. x 2.0 c.m. all around the neck obliquely no other mark of injury found on the entire body of the deceased and her hyoid bone was found intact. Learned counsel further submits at the time of incident the applicant was earning his livelihood in Delhi and only on the false saying of his brother-in-law (Sadhu) that the applicant had solemnized marriage with another woman at Delhi the deceased committed suicide by hanging herself in a fit of rage and anger. For this assertion learned counsel has placed reliance on the site plan made by the Investigating Officer as per which the dead body of the deceased unhooked and brought out from the room after breaking the door of the room. Learned counsel further submits that two children left by the deceased are living with the mother of the applicant who is in advance age and is suffering from various old age disease and there is no other person to look after those two children, 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 30.10.2023. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that at the time of incident the deceased was pregnant, therefore there is no reason for her to commit the suicide. 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 two children of the applicant who are living with their grandmother, 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-Hirdesh Urf Hradesh, involved in Case Crime No. 500 of 2023, under Sections 498-A, 304-B, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Madanapur, District Shahjanpur, 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