Neutral Citation No. - 2025:AHC:111493 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40080 of 2024 Applicant :- Nikhil Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.,Gyan Chandra Yadav,Jai Prakash Prasad,Rakesh Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 3. Heard Sri Vivek Singh, learned counsel for the applicant and Sri Gyan Chandra Yadav, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 4. Applicant seeks bail in Case Crime No. 79 of 2024, under Sections 498A, 323, 506, 304B, 34 IPC and Section 3/4 of D.P. Act, Police Station Dehligate, District Meerut, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. It is next stated that statements of two witnesses have been recorded in court. Statement of the informant PW-1 was recorded in the court and during her examination-in-chief, she has deposed against the applicant but during her cross-examination, she has resiled from her earlier statement, rather has stated that the applicant never demanded any dowry from the deceased person or her. 6. It is further stated that PW-2 has been examined in the court during trial and he has completely resiled from his earlier statement and has been cross-examined by the public prosecutor after declaring him hostile. There is no likelihood of conviction of the applicant in the present case. The cause of death has been found to be asphyxia as a result of ante mortem hanging. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 31.05.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim (mother of the deceased) has stated that the FIR was instituted by the sister-in-law (bhabhi) of the deceased person and she has resiled from her earlier statement. The victim (mother of the deceased) is specially abled person, as such is unable to walk and she has been kept in dark about the said statements, as such the applicant is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that PW-1 and PW-2 have not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Nikhil, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 11.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad