Neutral Citation No. - 2025:AHC:102364 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7611 of 2024 Applicant :- Nem Chand Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Srivastava,Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Bharat Singh, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 567 of 2023, under Section 498-A, 304-B IPC section and 3/4 D.P. Act, police station Dataganj, District Budaun, during the pendency of trial. 4. As per prosecution story, the marriage of the son of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 01.05.2023. The applicant and other family members are stated to have subjected her to cruelty for a demand of dowry thereby set her on fire on 25.11.2023. The victim was admitted in hospital and succumbed to her injuries on 01.12.2023. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant, who is the father-in-law of the deceased, has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about ten days from the date of death of the deceased and about fifteen days from the date of commissioning of offence and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought and after legal consultations. 6. Learned counsel has further stated that there is no dying declaration of the victim, as such, the entire prosecution story stands uncorroborated. The victim underwent treatment for about 15 days but she has not whispered a single word against the applicant or any other family members, as such, it is a clear cut case of false implication. 7. Learned counsel has also stated that the inquest proceedings of the deceased were undertaken on 01.12.2023 itself and the informant is a panch witness no.1 in the said inquest proceedings. The son of the applicant is panch witness no.2 and the applicant himself is panch witness no.3 in the said inquest proceedings, as such, the family members of both the parties were present at the time of inquest proceedings and none of them has whispered a single word at that stage either with regard to demand of dowry or having led the deceased to death. 8. Learned counsel has further argued that only one witness of fact has been examined i.e. the informant, who has also given inconsistent statement as his own statement has been contradicted during cross examination, as such, there is no likelihood of conviction of the applicant in the present case. 9. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 12.12.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Per contra, learned AGA has 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. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the inordinate delay of about fifteen days from the date of occurrence and about ten days from the date of death of deceased person coupled by the fact that only one witness of fact has been examined to date and the applicant, who is father-in-law of the deceased person, having no criminal antecedents and also considering the fact that the informant is one of the panch witness in the inquest proceedings and he has not whispered a single word against the applicant at that time, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Nem Chand, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 1.7.2025 Neeraj (Justice Krishan Pahal) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad