Neutral Citation No. - 2025:AHC:114457 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38653 of 2024 Applicant :- Moh. Shakeel Alias Shahrukh Opposite Party :- State of U.P. Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Yashpal Yadav, learned counsel for the applicant, Sri Sushil Kumar Shukla, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 391 of 2023, under Sections 323, 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Rawatpur, District-Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Muslim Rites on 15.01.2019, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of car and cash as dowry, thereby leading her to death on 06.11.2023. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about two days and there is no explanation of the said delay caused. It is true that applicant is the husband of the deceased person but he has nothing to do with the said offence. The deceased was suffering from Tuberculosis and had expired due to the complications arising out of the said ailment. There is no sign of any injury on the body of the deceased person. The cause of death could not be ascertained, as such, Viscera was preserved. Post-mortem report reveals that there was pus pockets in the chest of the victim which corroborates the allegations that she was suffering from Tuberculosis. Allegations of demand of dowry are vague. The trial is moving at a snail's pace and only two witnesses have been examined and it has been admitted by the father of the deceased person that she was suffering from Tuberculosis. 6. It is further argued by learned counsel for the applicant that is no criminal antecedent of the applicant. The applicant is languishing in jail since 10.11.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that FIR is delayed by about two days without explanation to the said delay caused, pus pockets were found in chest of the deceased person coupled with the fact that cause of death could not be ascertained and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant-Moh. Shakeel Alias Shahrukh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. Order Date :- 15.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad