Neutral Citation No. - 2025:AHC:110333 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10045 of 2025 Applicant :- Balkishun And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rameshwar Gaud,Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Pradeep Kumar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Rameshwar Gaud, learned counsel for the applicants, Sri Pradeep Kumar, learned counsel for the informant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 237 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station-Chowk District- Maharajganj, during the pendency of trial. 5. As per prosecution story, the marriage of the son of the applicants was solemnized with the deceased person as per Hindu Rites five years ago, and subsequent to it, the applicants and other family members are stated to have subjected the victim to cruelty for demand of dowry, thereby leading her to death on 05.12.2024. 6. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. The FIR is delayed by about five days and there is no explanation of the said delay caused. Applicants are the father-in- law and mother-in-law of the deceased person. There are general and omnibus allegations against all the accused persons. The cause of death is throttling. Although there are seven injuries on the body of the deceased person but the applicants have nothing to do in the said offence. Applicants live in the premises of the very same house but with separate living. 7. It is further argued by learned counsel for the applicants that there is no criminal antecedent of the applicants. The applicants are languishing in jail since 12.12.2024 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. 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 the FIR is delayed by about five days without explanation of the said delay caused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 10. Let the applicants- Balkishun and Kalawati devi, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall 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 applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 10.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad