Neutral Citation No. - 2025:AHC:112696 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3196 of 2025 Applicant :- Shivnath Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dinesh Kumar Gupta, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 394 of 2024, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station-Loni Border, District-Ghaziabad, during the pendency of trial. 4. As per prosecution story, the marriage of the son of the applicant was solemnized with the deceased person as per Hindu Rites on 12.05.2019, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of a Motorcycle, golden chain and Rs. 20,000/- dowry, thereby leading her to death on 11.04.2024. 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 about three months and there is no explanation of the said delay caused. The applicant is the father-in-law of the deceased. There are general and omnibus allegations all the accused persons. The cause of death is Asphyxia as a result of ante-mortem hanging. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.09.2024 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 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, and taking into consideration the fact that FIR is instituted with delay of almost three months without explanation 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-Shivnath, 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. 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 :- 14.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad