Neutral Citation No. - 2025:AHC:7079 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10517 of 2024 Applicant :- Manish Trivedi Alias Gopal Trivedi Opposite Party :- State Of U.P . Counsel for Applicant :- Arun Kumar Singh,Rahul Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajay Kumar Pandey, Advocate holding brief of Sri Rahul Dwivedi, 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. 60 of 2023, under Sections 498-A, 304-B of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station - Kotwali Nagar, District - Hamirpur, during the pendency of trial. 4. As per prosecution story, the applicant's marriage was solemnized with the informant's niece as per Hindu Rites on 02.05.2019. The applicant and other family members are stated to have strangulated her in the night of 24/25.02.2023. There is no allegation of any demand of dowry in the FIR. 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. Learned counsel has argued that the cause of death of deceased was found to be asphyxia as a result of ante mortem hanging while the FIR states that the applicant and other co- accused persons had committed her murder by strangulation. The allegations in question are false, as there is no corroboration in the postmortem report. 6. Learned counsel has further stated that there is no mention of dowry demand in the FIR or in the informant's statement recorded u/s 161 of Cr.P.C. Although a supplementary statement of the informant was later recorded, it merely mentions a demand for dowry without elaborating on the specifics of the alleged demand, as such, the applicant is entitled to bail. 7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 26.02.2023 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 A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 10. 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 settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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- Manish Trivedi Alias Gopal Trivedi, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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:- 15.1.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad