Neutral Citation No. - 2025:AHC:144774 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25411 of 2023 Applicant :- Baldev Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- Arun Kumar Gupta,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Om Narayan Pandey, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.46 of 2022, under Sections 323, 304-B, 498-A I.P.C. and 3/4 D.P. Act, Police Station Alhaganj, District Shahjahanpur, 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 23.05.2021. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry of Rs.1,00,000/- and a motorcycle, thereby led her to death on 18.1.2022 at about 01:00 PM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about eight hours and there is no explanation to the said delay caused. It is further argued that the applicant was not present at the place of occurrence rather he was attending his duties at Noida, Gautam Buddh Nagar, as such, applicant has nothing to do with the said offence. Trial is moving at a snail's pace as only one witness has been examined till date that too after this Court had summoned the status of trial from the trial court, as such, there is no likelihood of early conclusion of trial. 6. 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 24.02.2022 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. This Court had called for status of trial from the trial court concerned. As per the status of trial dated 06.08.2025 received from the trial court concerned, only one witness has been examined in July, 2025 and the case is fixed for statement of other prosecution witnesses. 9. 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the period of incarceration of the applicant coupled with the fact that trial is moving at a snail's pace, 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. 11. Let the applicant- Baldev Kumar, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 22.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad