Neutral Citation No. - 2025:AHC:117705 Court No. - 36 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22849 of 2025 Applicant :- Deepak Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Mr. Sunil Kumar Dubey, Advocate has filed his Vakalatnama on behalf of the informant today in the Court, the same is taken on record. 2. This is second bail application. The first bail application was rejected by this Court vide order dated 28.8.2024 passed in Criminal Misc. Bail Application No. 1559 of 2023 directing the court below to conclude the trail within a period of six months. 3. Heard Mr. Deepak Rana, learned counsel for the applicant, Mr. Sunil Kumar Dubey, learned counsel for the informant and learned A.G.A. for the State as well as perused the material available on record. 4. By means of this application, the applicant is seeking enlargement on bail in Case Crime No.237 of 2022, under Sections 498-A, 323, 304-B IPC and Section 3/4 D.P. Act, Police Station- Bhojpur, District- Ghaziabad. 5. The contention as raised at the Bar by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned FIR. The impugned FIR was lodged by the father of the deceased. The applicant is the husband of the deceased. The applicant has not committed any cruelty to the deceased. The applicant has not demanded any dowry. As per post-mortem report, cause of death due to asphyxia as a result of hanging. There is no external injury was found on the body of the deceased. He further submits that charge sheet and there are 20 witnesses in the charge sheet and till the only five witnesses have been examined, therefore, there is no possibility of conclusion of trial in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has 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. Lastly, it is argued that the applicant is languishing in jail since 16.7.2022 having no previous criminal history. 6. Per contra, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant. 7. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, but without expressing any opinion on merits, this Court finds it to be a fit case for bail. 8. Let the applicant- Deepak Tomar, involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in 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 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. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) 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 IPC. (iv) 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. 11. With the aforesaid observation/direction, this bail application is allowed. Order Date :- 21.7.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad