Neutral Citation No. - 2025:AHC:117046 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6084 of 2025 Applicant :- Javed Shah Opposite Party :- State of U.P. Counsel for Applicant :- Satish Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satish Chandra Tiwari, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 388 of 2024, under Sections 498-A, 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Bilsi, District - Budaun, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is the husband of the deceased person 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 eight months and there is no explanation of the said delay caused. Even the application u/s 156(3) Cr.P.C. was moved on 01.03.2024 which itself is delayed by about 23 days and there is no explanation of the said delay either. 5. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. 6. Learned counsel has further stated that the trial is moving at a snail's pace as it is standstill. Even the case of the applicant has not been committed for trial, as such, his fundamental rights enshrined under Article 21 of the Constitution of India stands violated. 7. Learned counsel has next contended that the applicant is languishing in jail since 12.11.2024 having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 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, inordinate delay in lodging the FIR and also considering the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging coupled by the fact that the case of the applicant has even not been committed for trial, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Javed Shah, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 18.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad