Ali Zamin, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 57 of 2022, under Section 306 IPC, P.S. Raipura, District Chitrakoot.

3. Learned counsel for the applicant submits that on 02.04.2022 informant's son went to his in-laws house to take his wife where applicant-father-in-law of the deceased, Rama Shankar and Rohit-brother-in-law and Durga Yadav did not permit him to take his wife along with him, they also abused, threatened and committed marpeet with the deceased due to which he committed suicide by hanging in his room at 10.00 p.m. in the night. He further submits that before the incident on 01.03.2022 Nirupama, wife of the deceased had lodged NCR under Section 323, 504, 506 against the deceased in which it is also alleged that the deceased killed his first wife regarding which a case of dowry death is also pending against him. He also submits that as per FIR version, deceased was beaten by the applicant and co-accused but as per post mortem report except ligature mark no other injury has been found. He has been falsely implicated in this case. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail,the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 21.04.2022.

4. Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that the applicant did not send his daughter along with deceased that is why he committed suicide, thus, he abetted the offence.

5. Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, as per FIR version deceased was also beaten by the applicant and others but no injury being found in the post mortem report as well as lodging of NCR by wife of the deceased before the incident and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Sadhu Yadav involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(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. 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 of the Indian Penal Code.

(iv) The applicant shall remain prePer contra learned A.G.A opposed the bail prayer of the applicant but could not dispute the factual aspect. sent, 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 him in accordance with law.