Neutral Citation No. - 2025:AHC:101024 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19337 of 2025 Applicant :- Saddam Husain Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.,Umair Alam Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Basharat Ali Khan, Advocate holding brief of Sri Salman Ahmad, learned counsel for the applicant and Sri Umair Alam, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 322 of 2024, under Sections 85, 80, 123 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Mainather, District - Moradabad, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Muslim Rites about four years before her death. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs.10 lakhs and a car as dowry thereby leading her to death on 13.09.2024 at about 08:00 AM. 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 as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the inquest proceedings were completed on the date of occurrence i.e. on 13.09.2024 at 02:30 PM wherein the informant is the panch witness no. 2 in the said inquest proceedings and at that time, he has not whispered a single word against the applicant or any other family members for the commissioning of said offence, as such, it is a clear cut case of false implication. 7. Learned counsel has next contended that the cause of death of deceased could not be ascertained as such, viscera was preserved. The statement of two witnesses have been recorded who have claimed that the deceased herself had narrated the incident to them as she was forced to consume poison. It is argued that the said statements have been recorded after legal consultations. There is no criminal history of the applicant. The applicant is languishing in jail since 15.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the statement of two witnesses before whom the deceased had narrated the complete incident tantamounts to dying declaration and falls within the purview of Section 38 of BSA, as such, the applicant is not entitled for bail. However, learned AGA could not dispute the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that the informant was one of the panch witness in the inquest proceedings which were completed much before the institution of FIR 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. 10. Let the applicant- Saddam Husain, 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. 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:- 1.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad