Neutral Citation No. - 2025:AHC:143579 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7030 of 2024 Applicant :- Shanideval Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.,Surendra Mohan Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant, Sri Ashwini Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.96 of 2023, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Khesraha, District Siddharth Nagar , during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the husband of the deceased and has been falsely implicated in the present case. There is no specific demand of dowry in the FIR. There are only general and omnibus allegations of demand of dowry against all the accused persons. 5. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 07.05.2023, as such, he has completed two years and three months in jail. Applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the ground that FIR is prompt and the deceased died within one year of marriage. It is further argued that there is specific demand of dowry i.e. Fridge, Cooler and Rs. 50,000/-. 7. This Court had called for status of trial from the trial court concerned. As per the status report dated 05.08.2025 received from the trial court concerned no prosecution witness has been examined till date. 8. The Supreme Court in the case of Nitish Chauhan Vs. State of U.P., AIR 2023 SC 2149 has granted bail to the appellant therein on the ground that the appellant has been in custody for nearly two years four months and two witnesses had been examined out of 26 prosecution witnesses. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact the trial is at a stand still coupled with the fact that the applicant has incarcerated for a considerable period of time, 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- Shanideval, 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 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 :- 21.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad