Neutral Citation No. - 2025:AHC:119263 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13342 of 2025 Applicant :- Hemant Alias Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Sr. Advocate, Yadvendra Krishan,Swapnesh Singh Counsel for Opposite Party :- Arjun Singh Solanki,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shiv Nath Singh, learned Senior Counsel assisted by Sri Yadvendra Krishan, learned counsel for the applicant and Sri Arjun Singh Solanki, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 59 of 2024, under Sections 80(2), 85 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Raja Ka Rampur, District - Etah, 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 12.06.2023. The applicant and other family members are stated to have subjected her to cruelty for a demand of a motorcycle as dowry thereby leading her to death on 14.08.2024 at about 06:00 PM. 5. Learned Senior 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 more than six hours and there is no explanation of the said delay caused. 6. Learned Senior Counsel has also stated that it was a natural death sustained by the deceased person. The cause of death of deceased could not be ascertained, as such, her viscera was preserved. As per viscera report, no poison or any other chemical was found in it, as such, the victim has died as a natural death. 7. Learned Senior Counsel has further stated that the deceased had a baby boy aged about three months before her death, as such, there is no occasion to the victim to commit suicide rather she has died due to natural death. The instant case has been filed out of vengeance. 8. Learned counsel has next contended that the applicant is languishing in jail since 07.09.2024, 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 and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim has expired within a span of one year and three months of her marriage. There is a demand of dowry soon before her death. It is further argued that there are seven injuries sustained by the deceased person which were observed by the doctor conducting the postmortem of the deceased person, as such, she might have expired due to the said ante-mortem injuries sustained. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that seven injuries are abrasions and contusions only and in the opinion of doctor conducting the autopsy of the deceased, the said injuries were not sufficient to cause her death coupled by the fact that viscera report does not indicate any poison in it, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Hemant Alias Gaurav, 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:- 22.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad