Neutral Citation No. - 2025:AHC:117038 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13886 of 2024 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Pradeep Kumar,Rakesh Kumar Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant. 2. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 3. Heard Sri Amit Daga, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 4. Applicant seeks bail in Case Crime No. 941 of 2023, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Kotwali City, District Bijnor, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by nine hours and there is no explanation of the said delay caused. The cause of death has been found to be asphyxia as a result of ante mortem hanging. The applicant is the husband of the deceased. 6. Learned counsel has further stated that stated that PW-1 has been examined in the court during trial and he has completely resiled from his earlier statement and has been cross-examined by the public prosecutor after declaring him hostile. There is no likelihood of conviction of the applicant in the present case. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 13.09.2023 and he 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 AGA 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. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the fact that PW-1 has not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Akash, 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 the 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 18.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad