Neutral Citation No. - 2025:AHC:145325 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45199 of 2024 Applicant :- Diwakar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Bind,Indrabahadur Vishwakarma Counsel for Opposite Party :- Birendra Singh,G.A.,Hari Shankar Chaurasia,Prem Chandra Chaurasia,Prem Pushp Chaurasia,Yash Pratap Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Sanjeet Kumar Mishra, Advocate holding brief of Sri Anil Kumar Bind, learned counsel for the applicant, Sri Yash Pratap Singh, learned counsel for the informant, 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.502 of 2024, under Sections 85, 80, 352, 351(2) B.N.S. and 3/4 D.P. Act, Police Station Handia, District Prayagraj, 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 24.05.2022. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry of Rs.1,00,000/-, Motorcycle and golden chain, thereby led her to death on 11.08.2024 at about 06:00 AM. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about five days and there is no explanation to the said delay caused. It is argued that applicant was attending his duty at Pune and the said duty chart has been filed as Annexure No. S.A. 1 to the supplementary affidavit, as such, it is a clear cut case of false implication. 7. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. It is further argued that trial is moving at a snail's pace as only one witness has been examined. There is no criminal history of the applicant. The applicant is languishing in jail since 16.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application. 9. This Court had called for status of trial from the trial court concerned. As per status report dated 01.08.2025 received from the trial court concerned, only one witness has been examined during trial. 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 fact that FIR is delayed by about five hours and only one witness has been examined during trial, 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- Diwakar, 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. 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 :- 22.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad