Neutral Citation No. - 2025:AHC:131682 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11263 of 2025 Applicant :- Poonam Opposite Party :- State of U.P. Counsel for Applicant :- Narsingh Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Narsingh Pandey, learned counsel for the applicant, Sri Deepak Kumar Singh,learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 523 of 2023, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Nichlaul, District- Maharajganj, during the pendency of trial. 4. As per prosecution story, the marriage of the brother-in-law of the applicant was solemnized with the deceased person as per Hindu Rites on 23.04.2023, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of dowry, thereby leading her to death on 15.10.2023. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. It is true that the cause of death is strangulation but the applicant has nothing to do with the said offence. Applicant is the sister-in-law (Jethani) of the deceased person and she lives separately to the husband-wife duo in a separate house. Even the Investigating Officer has observed the said fact in the case diary filed as Annexure No. 4 to the affidavit. At the trial only three witnesses have been examined, as such, there is no likelihood of conclusion of trial in near future. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 23.10.2023 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. This Court had called for a report regarding status of trial vide order dated 10.07.2025 and as per status report dated 25.07.2025, three witnesses have been examined out of twenty. 9. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. 10. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690. 11. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that “bail is a rule and jail is an exception”. 12. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 13. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA. 14. 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 the applicant lives separately to the husband-wife duo coupled with the fact that only three witnesses out of twenty have been examined at trial and there is no likelihood of conclusion of trial in near future 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. 15. Let the applicant- Poonam, who is involved in aforementioned case crime be released on bail on her 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 16. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 17. 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 :- 5.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad