Neutral Citation No. - 2025:AHC:28063 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28817 of 2024 Applicant :- Udaibhan Raidas Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Singh Counsel for Opposite Party :- Anil Kumar,G.A.,Yashpal Yadav Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vikas Singh, learned counsel for the applicant, Sri R.K. Srivastava, learned A.G.A. for the State and perused the records. 2. This is the second application seeking release of the applicant on bail in Case Crime No. 176 of 2015, under Sections 498-A, 323, 364, 504, 506, 120-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Bindki, District Fatehpur. The first bail application bearing Criminal Misc. Bail Application No.17023 of 2023 was dismissed for want of prosecution by means of an order dated 09.07.2024. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.05.2015 against the applicant and seven of his family members stating that the informant had got his daughter married to the applicant on 19.06.2014; that all the accused persons used to harass her for demanding dowry; that all of them had beaten her up on 19.08.2024 with sticks and had poured kerosene on her body. Thereafter, they made her talk to the informant through mobile phone and she requested the informant to save her. The informant and his son reached his daughter's matrimonial home in an hour and found that she was in a bad condition and was fighting for her life. Thereafter, the informant again went to his daughter's house on 15.04.2015, inquired about the welfare of his daughter and returned to his home on the following day. On 14.05.2015 the informant had got a phone call that his daughter was in a pitiable condition. The informant accompanied by 8-9 persons reached the daughter's matrimonial home. He could not find her there. He apprehended that some untoward incident had taken place with her. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The informant filed a short counter affidavit and a supplementary affidavit opposing the bail application from which it transpires that not even a single witness was examined during trial. 6. This court had called for a report regarding progress of trial from the District Judge, Fatehpur and as per the report dated 30.08.2024 the court remained vacant for a considerable period of time and therefore the trial could not proceed. All the accused persons have already been granted bail. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the F.I.R. version the informant was not allowed to see his daughter on 14.05.2015 and the F.I.R. has been lodged on 28.05.2015; besides the statement of the informant there is no other material to prima facie establish commission of any offence by the applicant; that the applicant has no previous criminal history and he is languishing in jail since 28.06.2022 without examination of a single prosecution witness and that all the accused persons have already been enlarged on bail and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Udaibhan Raidas be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 28.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad