Neutral Citation No. - 2025:AHC:111466 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40319 of 2024 Applicant :- Nafees Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar,Mohd. Naushad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Affidavit of compliance filed by learned A.G.A. today is taken on record. 3. Heard Sri Mohd. Naushad Siddiqui, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record. 4. Applicant seeks bail in Case Crime No. 245 of 2023, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Shivli, District Kanpur Dehat, 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 as alleged in the FIR. It is a clear cut case of false implication as is evident from the following grounds :- (i) The FIR is delayed by one day and there is no explanation of the said delay caused. (ii) The statements of PW-1 and PW-2 have been recorded in the court during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. (iii) There is no likelihood of conviction of the applicant in the present case. 6. There is no criminal history of the applicant. The cause of death has been found to be asphyxia as a result of ante mortem hanging. The applicant is languishing in jail since 14.07.2023 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. Per contra, learned State Law Officer 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. 8. 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 coupled by 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. 9. Let the applicant- Nafees, 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. 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 :- 11.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad