Neutral Citation No. - 2025:AHC:131350 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40094 of 2024 Applicant :- Jasheer Ahmad @ Shanu Mirza Opposite Party :- State of U.P. Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mirza Ali Zulfaqar, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 107 of 2024, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Dumariyaganj, District Siddharth Nagar, during the pendency of trial. 4. As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Muslim rites in the year 2019. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry thereby led her to death on 27.06.2024 at about 5 p.m. 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 as alleged in the FIR. It is next stated that the deceased had caught fire accidentally in the kitchen, as such the applicant rushed to save her and himself sustained burn injury. 6. Learned counsel has next stated that there is no dying declaration of the deceased person. The informant was present at the time of all the inquest proceedings and also at the time of cremation of the deceased person. The FIR is delayed by two days and there is no explanation of the said delay caused. It is next stated that the FIR has been instituted as an afterthought. 7. Learned counsel has placed reliance on the order sheet which indicates that the charge has not been framed to date. As per order sheet dated 15.7.2025, next date fixed is 26.07.2025 for framing of the charge, as such trial is moving at snail's pace and there is no likelihood of early conclusion of trial in near future. The Fundamental Rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 18.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 10. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. 11. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690. 12. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 13. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 14. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A.. 15. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR and taking into account the fact that the informant was present at the time of inquest proceedings, I find it a fit case to release the applicant on bail. The bail application is allowed. 16. Let the applicant- Jasheer Ahmad @ Shanu Mirza, 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. 17. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 18. 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 :- 5.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad