Neutral Citation No. - 2025:AHC:31044 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7830 of 2025 Applicant :- Mangeram Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 210 of 2024, under Sections 85, 80(2) of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Nakur, District Saharanpur, during the pendency of trial. 3. As per the prosecution case, in brief, the complainant who is brother of the deceased Moni Devi lodged a first information report on 05.07.2024 for the offence under Sections 85, 80(2) of B.N.S. and Section 3/4 of Dowry Prohibition Act against Mangeram (applicant), Smt. Munni, Sachin, Rohit, Biram and Minakshi, who are father-in-law, mother- in-law, husband, brothers-in-law and sister-in-law (jethani) of the deceased, respectively, making allegations inter alia that marriage of his sister was solemnized with the son of the applicant two years back, and after the marriage, she was being harassed and tortured for dowry in her matrimonial home by the accuse persons. On 03.07.2024 informant's sister through a phone call informed him that her in-laws are demanding Rs. 1,00,000/-. Thereafter, on 04.07.2025, he received an information that his sister has been done to death. 4. Main substratum of argument of learned counsel for the applicant is that though the allegations of demand of dowry and harassment of the deceased has been levelled by the complainant but when statements of complainant-Ravi Kumar and Smt. Nirmala who are brother and mother of the deceased have been recorded before the trial court as PW-1 and PW-2 on 07.12.2024 and 24.12.2024, respectively, they have denied the allegations in their examination-in-chief, therefore, at the request of the prosecution, they have been declared hostile. Hence there is bleak chance of conviction of the applicant who is languishing in jail since 05.07.2024. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Apart from this case, the applicant has no criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by contending that F.I.R. of this case was lodged on 05.07.2024 with regard to the incident which took place on 04.07.2024, but statement of PW-1 and PW-2 have been recorded after a considerable delay, therefore, possibility of winning over the witnesses from the side of the accused persons cannot be ruled out. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that both the prosecution witnesses have been declared hostile and they did not support the prosecution case as noted above, therefore, I am of the view that the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. 7. Let the applicant-Mangeram, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 9. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 5.3.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad