Neutral Citation No. - 2025:AHC:145303 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43865 of 2024 Applicant :- Munendra Alias Babblu Opposite Party :- State of U.P. Counsel for Applicant :- Amit Saxena,Priya Saxena Counsel for Opposite Party :- Mahendra Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the informant and Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.146 of 2024, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station-Kunwargaon, District-Budaun, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites about four years before the said incident. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry of Rs.50,000/- and a buffalo, thereby led her to death on 05.06.2024. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about two days and there is no explanation to the said delay caused. It is further argued that informant and other family members were present at place of occurrence on 06.06.2024 itself and the said fact stands fortified from the GD No. 28 entered at police station on 06.06.2024 at 11:20 AM whereby the informant along with his wife and three sons were present at the police station and had given an application. The said application does not whisper a single word about demand of dowry but there are only plain allegations that the deceased has committed suicide, as such, post mortem and inquest proceedings may be undertaken. 6. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging but the prosecution has tried to make it a case of homicide. It is further argued that three witnesses were examined during trial, one is the witness of fact and other two are the formal witnesses. After the examination of three witnesses an application under Section 319 Cr.P.C. was moved by the informant and the said application was allowed. The said summoning order dated 02.06.2025 has been challenged before this Court and the notices have been issued to the parties, as such, there is no likelihood of conclusion of trial in near future as the trial shall begin de novo qua the co-accused person. There is no criminal history of the applicant. The applicant is languishing in jail since 09.06.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant as well as learned A.G.A. 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 delay in institution of FIR and the application moved by the son of informant at the police station which was entered as GD No. 28 on 06.06.2024 and taking into consideration the fact that another accused being summoned by invoking powers under Section 319 Cr.P.C., 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- Munendra Alias Babblu, 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 :- 22.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad