Azad Khan Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:37125

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5694 of 2025 Applicant :- Azad Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Prashant Shukla,Avanish Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Prashant Shukla, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State.

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As per learned counsel for the applicant, the present applicant (Azad Khan) is languishing in jail since 27.03.2025 in Case Crime No.0110 of 2015 under Sections 498-A & 304-B IPC and Section 3 & 4 of Dowry Prohibition Act, Police StationAliganj, District- Lucknow. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

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Learned counsel for the applicant has stated that the present applicant is the father-in-law of the deceased. He was having cordial relation with her. He had never demanded any dowry from her or from her family members. Learned counsel further stated that the present applicant was not arrested during the investigation but after filing of the chargesheet, he was arrested on account of non-bailable warrant being issued. The cause of death is asphyxia. There are no antemortem injuries on the body of the victim. During investigation the applicant properly cooperated and he undertakes that if he is released on bail he shall cooperate in the trial proceeding. The present applicant being an old aged person, having age related ailments. Learned counsel for the applicant further submitted that the present applicant is having no prior criminal history of any kind whatsoever.

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Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant.

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Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is the father-in-law of the deceased, the cause of death is asphyxia and there are no antemortem injuries on the body of the victim as well as undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall

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cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

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Accordingly, the instant bail application is allowed.

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Let the applicant (Azad Khan) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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.

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(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/269 of the B.N.S., 2023.

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(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./84 of B.N.S.S., 2023 is issued and the 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/208 of the B.N.S., 2023.

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(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./351 of B.N.S.S., 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. The present applicants shall not leave the country without prior permission of the Court.

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Order Date :- 2.7.2025/Reena

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(Rajesh Singh Chauhan,J.)

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Azad Khan v. State of U.P. Thru. Prin. Secy. Home Lko.

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Azad Khan v. State of U.P. Thru. Prin. Secy. Home Lko.

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