Neutral Citation No. - 2025:AHC:106097 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5684 of 2025 Applicant :- Mayank Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A.,Satish Kumar Tyagi Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Second supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Akhilesh Srivastava, assisted by Shri Vaibhav Tripathi, learned counsel for the applicant, Sri Satish Kumar Tyagi, learned counsel for the informant and Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 762 of 2024, under Sections 115(2), 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station-Nandgram, District-Ghaziabad, during the pendency of trial. 5. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 15.01.2020 and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of dowry, thereby leading her to death on 23.08.2024 at about 06:37 AM. 6. 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 14 hours and there is no explanation of the said delay caused. Learned counsel for the applicant submitted that the informant and other family members were present at the time of inquest proceedings which were completed by 5:00 PM on 23.08.2024 itself and subsequent to it, about three hours thereafter, the FIR has been instituted at 08:11 PM. The said FIR has been instituted after legal consultation and there is no averment in the FIR as to what was demanded in dowry. The victim was feeling depressed as is evident from the perusal of the personal diary of the deceased person whereby she has categorically stated herself that "I need to go to Psychiatrist" and she needed counseling. The deceased had committed suicide as she jumped from the 11th floor of the housing society where the husband- wife duo were residing. It is a clear cut case of false implication. Even the post-mortem report indicates that the injuries were due to fall from height. Learned counsel has stated that the information of the incident to the police was given by the guard of the society and the dead body was retrieved as such. 7. 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 25.08.2024 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 counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that applicant ran away from the scene of occurrence, as such, his conduct raises suspicion about his involvement in the offence. 9. 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 FIR and the fact that the family members of the informant were present at the time of the inquest proceedings conducted much before the institution of the FIR and also taking into consideration the facts mentioned by the deceased in her diary 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. 10. Let the applicant-Mayank Tyagi, 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. 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 :- 7.7.2025 Karan (Krishan Pahal, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad