Neutral Citation No. - 2025:AHC:119393 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4000 of 2025 Applicant :- Mukesh Kasaudhan Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Yadav,Subhash Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Subhash Chandra Pandey, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 688 of 2024, under Sections 80, 85, 352, 351(2)(3), 115(2) of BNS and Section 3/4 of D.P. Act, Police Station Pipraich, District Gorakhpur, during the pendency of trial. 4. As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Hindu rites on 4.2.2024. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry thereby abetted by the co-accused person, mother of the applicant to administer some poisonous material to the deceased person on 17.08.2024. The deceased had expired on 18.08.2024. 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 as alleged in the FIR. The FIR is delayed by about seven days and there is no explanation of the said delay caused. 6. Learned counsel has further stated that the role of administering poisonous material to the deceased person has been assigned to the mother of 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 18.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that the role of poisoning the deceased person has been assigned to the mother of the applicant, who happens to be the mother-in-law of the deceased person, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Mukesh Kasaudhan, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 22.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad