Neutral Citation No. - 2025:AHC:129038 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6541 of 2024 Applicant :- Rohit Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Razia Sultan,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Yashpal Yadav, learned counsel for the applicant, Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 147 of 2023, under Sections 498A, 304B and 3/4 D.P. Act, Police Station- Chandpur, District- Fatehpur, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 09.06.2019, 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 28.07.2023 at about 03:00 AM. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Applicant is the husband of the deceased and he has nothing to do with the said offence. The FIR is delayed by about more than a day and there is no explanation of the said delay caused. The informant and other family members were present at the time of inquest proceedings and the informant has been arrayed as panch witness No.2 in the inquest proceedings and he has not whispered a single word about demand of dowry. It is further argued that the trial is moving at a snail's pace and there is no likelihood of conclusion of trial in near further as no prosecution witness has been examined till date, as such, fundamental right of the applicant as enshrined under Article 21 of the Constitution of India stands violated. 6. 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 30.07.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. 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 coupled with the fact that the trial is moving at snail's pace 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. 9. Let the applicant- Rohit Prajapati, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 1.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad