Neutral Citation No. - 2025:AHC:145316 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3001 of 2024 Applicant :- Bhanu Aadiwasi Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Narayan Dubey Counsel for Opposite Party :- Anjali Jaiswal,Dhirendra Kumar Verma,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant. 2. Heard Sri Yogesh Narayan Dubey, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 102 of 2023, under Sections 498A, 323, 304B of IPC and Section 3/4 of D.P. Act, Police Station Kaundhiara, District Prayagraj, during the pendency of trial. 4. As per prosecution story, the deceased is stated to have committed suicide by setting herself afire after being beaten up by the applicant for demand of dowry on 15.05.2023. The deceased was taken to Swroop Rani Hospital where she succumbed to burn injuries on 16.05.2023. 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. The FIR is delayed by one day and there is no explanation of the said delay caused. 6. Learned counsel has next stated that there is no dying declaration of the deceased person. The cause of death has been found to be shock due to ante mortem burn injury. The FIR itself indicates that it was a case of suicide and there is no sign of abetment by the applicant, as such the applicant is entitled for bail. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 23.05.2023 and he is ready to cooperate with trial. The trial is moving at snail's pace and there is no likelihood of early conclusion of trial in near future. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. This Court had called for a report regarding the status of trial and in compliance thereof, a report has been submitted by the Trial Court concerned dated 19.08.2025. As per the said report, only four witnesses have been examined to date. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR and only four witnesses have been examined to date, 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- Bhanu Aadiwasi, 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. 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 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad