Neutral Citation No. - 2025:AHC:129049 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7570 of 2024 Applicant :- Amit Singh Alias Anshu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pratibha Ojha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shivendra Pratap Singh, Advocate holding brief of Ms. Pratibha Ojha, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0111 of 2023, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Shivli, District- Kanpur Dehat, 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 three years before her death, it is alleged that the applicant and other family members are stated to have subjected the victim to cruelty for demand of golden chain, golden ring and motorcycle as dowry, thereby leading her to death on 01.04.2023 at about 08:30 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 person and he has nothing to do with the said offence. The FIR is delayed by more than one day and there is no explanation of the said delay caused. It is further argued that not a single witness has been examined, as such, there is no likelihood of early conclusion of trial. 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 14.04.2023 i.e. for more than two years 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 A.G.A. has vehemently opposed the bail application on the ground that cause of death is smothering, as such applicant is not entitled for bail. 8. As per the status report dated 29.07.2025 sent from the trial court concerned, the applicant did not engage any advocate in the trial and as such, on 13.06.2025 an amicus curie has been appointed in the said case and process has been issued to prosecution witnesses. 9. After hearing learned counsel for the parties and considering the fact that the cause of death is smothering coupled with the fact that delay, if any, was caused due to non availability of counsel for the applicant, I do not find it a fit case for grant of bail to the applicant. 10. The bail application is found devoid of merits and is, accordingly, rejected. 11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 1.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad