HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27412 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Rajendra Babu Gaur, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the record. 3. Learned counsel for the applicant submits that although time was granted to the applicant vide order dated 23.8.2025 by a co-ordinate Bench of this Court for filing supplementary affidavit disclosing and explaining the criminal history of the applicant but the said criminal history has already been disclosed and explained in para-18 of the affidavit filed in support of the bail application and thus, he does not propose to file any such supplementary affidavit. He submits that the matter be heard and decided on merits. This Court thus proceeds to hear the matter. 4. This bail application under Section 483 B.N.S.S. has been filed by the applicant Chhote Lal, seeking enlargement on bail during trial in connection with Case Crime No. 132 of 2025, under Sections 85, 108 B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Khutar, District- Shahjahanpur. 5. Learned counsel for the applicant argued that applicant is father-in-law of the deceased. It is argued that marriage of the deceased/Smt. Kanti Devi was solemnized with Rajneesh the son of the applicant about 14 years back in the year 2011 but no child was born due to which she was Versus Counsel for Applicant(s) : Rajendra Babu Gaur Counsel for Opposite Party(s) : G.A. Chhote Lal .....Applicant(s) State of U.P. .....Opposite Party(s) under depression, para-16 of the affidavit has been placed for the same. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued that the husband of the deceased has been arrested and is in jail. It is further argued that the deceased committed suicide and died which is consistent with the post mortem examination report which shows a single ligature mark on her body and cause of death of the deceased as opined by the doctor is asphyxia as a result of ante mortem hanging. It is further argued that the applicant has been falsely implicated in the present case only being the family member of the husband of the deceased. It is submitted while placing para-17 of the affidavit that the applicant is 71 years old. It is argued that criminal history of the applicant has been disclosed and explained in para-18 of the affidavit and is in jail since 30.3.2025. 6. Per contra, learned AGA has opposed the prayer for bail but could not dispute the arguments as raised. 7. 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, this Court is of the view that the applicant may be enlarged on bail. 8. Let the applicant- Chhote Lal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- 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 BAIL No. 27412 of 2025 2 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 84 BNSS, 2023 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 209 BNS, 2023. (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 351 BNSS, 2023. 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 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 9. 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 and send the applicant to prison. 10. The bail application is allowed. 11. Pending application(s), if any, shall stand disposed of. October 6, 2025 Naresh BAIL No. 27412 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad