Neutral Citation No. - 2025:AHC:110451 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5801 of 2025 Applicant :- Deewan @ Roop Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- Anurag Shukla,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajay Kumar, learned counsel for the applicant and Sri Anurag Shukla, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 163 of 2024, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Kurra, District Mainpuri, 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 23.05.2021. The applicant and other family members are stated to have subjected her to cruelty for demand of a loader as dowry thereby led her to death on 04.06.2024 at about 5:30 p.m. 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. 6. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. The cause of death has been found to be asphyxia as a result of ante mortem hanging. The deceased had committed suicide out of depression. The inquest proceedings of the deceased person were conducted on 05.06.2024 at 8:00 a.m. itself and the informant is the panch witness no.1 in the said inquest proceedings and did not care to institute the FIR till evening and has instituted the FIR at 7:56 p.m the same night, as such it is a clear cut case of false implication after legal consultation. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 15.06.2024 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 and learned counsel for the informant have 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 delay in institution of the FIR coupled by the fact that there are general and omnibus allegations against all the accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Deewan @ Roop Kishor, 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 :- 10.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad