Neutral Citation No. - 2025:AHC:83806 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14834 of 2025 Applicant :- Omveer Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Kumar Shukla, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 353 of 2012, under Sections 498A, 304B, 201 IPC and Sections 3/4 of D.P. Act, Police Station Bhamora, District Bareilly, during the pendency of trial. 4. 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 as alleged in the FIR. The FIR is delayed by about 5 months and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the allegations are per se false. There is no recovery of any dead body whatsoever. The applicant had renounced the world and turned saint and had returned in the month of November, 2024 only. In the meantime, trial against the family members proceeded and they were acquitted by the trial court vide its order dated 28.03.2017 passed in S.T. Nos.750 of 2012 and 1176 of 2012. There is no likelihood of conviction of the applicant in the instant case. The doctrine of stare decisis is applied squarely to the applicant, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 30.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in lodging of the FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. 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 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 19.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad