Neutral Citation No. - 2025:AHC:143630 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12164 of 2024 Applicant :- Purendra Mani Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Asif Hasan,Surendra Kumar Chaubey Counsel for Opposite Party :- Bhriguram Ji,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Surendra Kumar Chaubey, learned counsel for the applicant, Sri Shashi Shekhar Maurya, Advocate holding brief of Sri Bhriguram Ji, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.59 of 2023, under Sections 498A, 120B, 304B I.P.C. and 3/4 D.P. Act, Police Station Kapsethi, District Varanasi, during the pendency of trial. 5. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 02.05.2021. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry of Rs.15,00,000/-, thereby led her to death on 14.04.2023. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is further argued that the FIR is delayed as there is no time of offence mentioned in it. The cause of death could not be ascertained, as such, Viscera was preserved and chemical analysis of Viscera does not indicate any poison in it, as such, it is a clear cut case of false implication. 7. Learned counsel for the applicant has further stated that there were seven injuries on the body of the deceased person, however, they are minor in nature as they are contusions and abrasions and they were not the cause of death. The said injuries may be caused during the transportation of deceased person to hospital. There is no criminal history of the applicant. The applicant is languishing in jail since 18.04.2023, as such, he is incarcerated for more than two years. Applicant 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 counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that the FIR is prompt and there were seven injuries sustained by the deceased as observed by the Doctor conducting the autopsy of the deceased. It is further argued that the counsel for the applicant is not cooperating in the trial as cross-examination of P.W.1 continued for 15 dates, as such, applicant is not entitled for bail. 9. This Court had called for status of trial from the trial court concerned. As per the status report dated 30.07.2025 received from the trial court concerned, the statement of P.W.1 is complete and the examination-in-chief of P.W.2 was recorded on 21.07.2025 and was partially cross-examined. 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 fact that Viscera report does not indicate any presence of poison whatsoever and only two witnesses having been examined at the trial, 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- Purendra Mani Tripathi, 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 :- 21.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad