Neutral Citation No. - 2025:AHC:83777 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40687 of 2024 Applicant :- Pushpendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Avijit Saxena,Vinay Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Avijit Saxena, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.474 of 2023, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Kotwali Mahoba, District Mahoba, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 31.05.2022. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of a motorcycle and thereby led to her death on 13.10.2023. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There are general and omnibus allegations against all the accused persons. The FIR is delayed by about four days and there is no explanation of the said delay caused. The victim has herself committed suicide. The cause of death was found to be asphyxia as a result of ante-mortem hanging. The inquest proceedings of the deceased was concluded on 14.10.2023 itself and the informant herein is panch witness no.1 to the said inquest proceedings. 6. Learned counsel for the applicant has further argued that had the applicant or any other person committed the said offence, the allegations of dowry death would have been made at that stage only. There is no criminal history of the applicant. The applicant is languishing in jail since 22.10.2023 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 State Law Officer 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, taking into consideration the inordinate delay in institution of the FIR and the fact that the informant was the panch witness no.1 in the inquest proceedings, 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- Pushpendra Singh, 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 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 :- 19.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad