Neutral Citation No. - 2025:AHC:113713 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11887 of 2024 Applicant :- Omveer Opposite Party :- State of U.P. Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Bhishm Pal Singh, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0534 of 2023, under Sections 498-A, 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Tundla, District - Firozabad, 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 Hindu Rites on 28.04.2022. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 5 lakhs and a car as dowry thereby leading her to death on 15.07.2023 at about 01:30 PM. 5. Learned counsel for the applicant has argued that the applicant is 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 two days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that prior to the FIR, the inquest proceedings of the deceased person were taken up whereby the informant has been arrayed as panch witness no. 1. The inquest proceedings were completed by 17:45 hours of 15.07.2023 itself but the informant did not care to institute the FIR till 17.07.2023. The FIR has been lodged as an afterthought and after legal consultations out of vengeance. 7. Learned counsel has next contended that the trial is moving at a snail's pace as only two witnesses have been examined and they have also made vague allegations. The allegations made in the statements of prosecution witnesses are that the applicant assaulted the deceased person and put her to death stands falsified from the postmortem report whereby the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging and no other injury has been observed on the body of the deceased person. 8. Learned counsel has lastly contended that the applicant is languishing in jail since 18.07.2023, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 9. Per contra, learned State Law Officer 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. 10. 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 is one of the panch witness in the inquest proceedings and he has not whispered a single word against the applicant at that time coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging and no other injury has been observed on the body of deceased person, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Omveer, 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. 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:- 15.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad