Neutral Citation No. - 2025:AHC:121507 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42815 of 2024 Applicant :- Rudal Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Amaresh Yadava,Deep Narayan,Mukhtesh Kumar Counsel for Opposite Party :- G.A.,Hari Prakash Tiwari Hon'ble Krishan Pahal,J. 1. List has been revised. Learned counsel for the informant is not present. 2. Supplementary affidavit filed by learned counsel for the applicant and counter affidavit filed by learned A.G.A. are taken on record. 3. Heard Sri Deepak Singh Yadav, Advocate holding brief of Sri Amaresh Yadava, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.164 of 2023, under Sections 498-A, 304-B, 201, 176 I.P.C. and 3/4 D.P. Act, Police Station- Atraulia, District- Azamgarh, during the pendency of trial. 5. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 25.9.2021, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading her to death on 9.6.2023. 6. 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. The FIR is delayed by about five days and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that there is no particular demand of any dowry whatsoever, as such, the ingredients of Section 304-B I.P.C. are not fulfilled. Two prosecution witnesses have only been examined to date and they have categorically stated that applicant was not present at the place of occurrence rather he was employed in Rohtak, Harayana, and as such, it is a clear cut case of false implication. 8. It is further argued by learned counsel for the applicant that there is no likelihood of conclusion of trial in near future. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 17.6.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of five days in institution of FIR coupled with the fact that during trial the prosecution witnesses have stated that applicant was not present at the place of occurrence, 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. 11. Let the applicant- Rudal Nishad, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 24.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad