Neutral Citation No. - 2025:AHC:142530 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4023 of 2024 Applicant :- Sanjay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Achyut Jee,Anil Kumar Yadav,Deepak Singh Yadav,Girish Kumar Gupta,Phool Singh Yadav,Shambhoo Devacharya,Sheo Ram Singh Counsel for Opposite Party :- G.A.,Ramesh Chandra Yadav,Suraj Kumar Singh Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Suraj Kumar Singh, learned counsel for the first informant, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sanjay Yadav, seeking enlargement on bail in Case Crime No. 50 of 2023, under Sections 498A, 306 IPC, Police Station Dashashwamedh, District Varanasi. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 28.08.2023. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that the incident took place on 26.08.2023 and its FIR was lodged on 27.08.2023 without giving any explanation for delay in lodging the FIR. As per the post mortem report, five ante mortem injuries including injury no. 1 ligature mark have been found on the body of the deceased and cause of death is Asphyxia as a result of antimortem hanging, however viscera was preserved for chemical analysis. As per the viscera report, no chemical poison has been found and as per the Handwriting Expert Report, the person who wrote the specimen signature also wrote the disputed signature Copy of viscera report is annexed in the supplementary affidavit, which is as annexure Nos. SA-18 & 19. The investigating officer has recorded the statements of witness Shiv Prasad and father of deceased Ram Prasad Yadav, under Section 161 Cr.P.C. in which they have not supported the prosecution version and after recording the statements of informant/complainant and witnesses, the investigating officer has converted the offence under Section 306, 498A IPC and submitted charge sheet on 21.11.2023. There is no evidence in regard to the aforesaid offence, hence no offence is made out against the applicant. It is further submitted that the marriage of the applicant has solemnized about 15 years ago and from their wedlock two children were born, who are living with the applicant after the death of the deceased. The applicant never made any demand of dowry nor used to torture nor he beaten or instigated her nor there is evidence collected during the investigation, therefore, no offence is made out against the applicant. The allegation levelled against the applicant are general in nature and the present prosecution against the applicant is absolutely false and concocted. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Sanjay Yadav involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 24.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad