Neutral Citation No. - 2025:AHC:128970 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37580 of 2023 Applicant :- Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Ojha,Shiv Kumar 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 Pawan Shukla, learned counsel for the applicant and Sri Rajendra Prasad Shukla, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 154 of 2020, under Sections 498-A, 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Basarehar, District - Etawah, 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 16.01.2020. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. One lakh and a motorcycle as dowry thereby leading her to death on 20.05.2020 at about 10:00 AM. 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 five hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the statements of P.W. -1 & 2 categorically indicates that there was no demand of dowry, as such, they have resiled from their earlier statements. There are ample contradictions in the statements of the said witnesses. Even P.W.- 3, mother of the deceased person, has not supported the prosecution story during her cross-examination, as such, there is no likelihood of conviction in the instant case. 7. Learned counsel has next contended that the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stands violated. The applicant is languishing in jail since 21.05.2020, 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. 8. 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. 9. This Court had called for a report regarding the status of trial and the report indicates that six witnesses have been examined to date, although it has been stated that two more witnesses are yet to be examined. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that the trial has proceeded at a snail's pace and the applicant is incarcerated since more than five years coupled by the said contradictory statements of the three witnesses of fact, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Pradeep, 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:- 1.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad