Neutral Citation No. - 2025:AHC:113068 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9348 of 2025 Applicant :- Omveer Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kuldeep Singh Yadav, Advocate holding brief of Sri Rajesh Kumar Pal, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 144 of 2024, under Sections 80(2), 85, 115(2), 351(1) B.N.S. and 3/4 D.P. Act, Police Station- Kagraul, District-Agra, 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 05.07.2018, the sister of the deceased was also married to the real brother of the applicant, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of a Motorcycle, golden chain and ring as dowry, thereby leading her to death on 31.10.2024. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused. The cause of death was found to be Asphyxia as a result of ante-mortem hanging. There is strong alibi of the applicant that he along with his brother was in Ghaziabad employed as confectioner at the time of incident. It is further argued that the said fact stands fortified from the statement of the sister of the deceased person who happens to be the sister-in-law of the applicant (Bhabhi). 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 17.02.2025 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. 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 fact that there is strong alibi of the applicant which stood fortified from the statement of the sister of the victim 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-Omveer, 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 :- 14.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad