Neutral Citation No. - 2025:AHC:13022 Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48989 of 2023 Applicant :- Ajit Opposite Party :- State of U.P. Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- Chandra Prakash Pandey,G.A.,Saurabh Shukla,Sukrampal,Tikendra Pratap Singh Hon'ble Piyush Agrawal,J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record. 2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 28/2023, under Sections 498-A, 304B, 302 IPC and Section 3/4 of D.P. Act, Police Station-Farah, District - Mathura. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant neither demanded any dowry from the deceased or first informant nor tortured the deceased for demand of dowry and false allegation has been made against the applicant. It is further submitted that there is no eye-witnesses of the alleged incident, the applicant has no previous criminal history. It is further submitted that after the initiation of trial, till now, three witnesses have been examined by the trial court out of them, two witnesses namely Smt. Kaila Devi (mother), P.W-2 and Shri Karan Singh (Mama), P.W.-3, turned hostile. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 02.02.2023 and the possibility of conclusion of trial in near future is very bleak. 4. Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant. 5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 6. Let applicant namely- Ajit be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall file an undertaking to the effect that applicant shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 the applicant in accordance with law. 7. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. 8. The bail application is finally disposed of. Order Date :- 24.1.2025 Pravesh Mishra (Piyush Agrawal, J.) Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad