Neutral Citation No. - 2025:AHC:83564 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16257 of 2024 Applicant :- Sanjay Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Dev Raj Singh,Vipul Kumar Singh Counsel for Opposite Party :- G.A.,Shadab Alam Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dev Raj Singh, learned counsel for the applicant and Sri Shadab Alam, learned counsel for the informant as well as Sri V.P. Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 196 of 2023, U/S 498- A, 304-B IPC and 3/4 D.P. Act, Police Station Jiyanpur, District Azamgarh, during the pendency of trial. PROSECUTION STORY: 4. The marriage of the applicant was solemnized with the daughter of the informant as per Hindu rites on 2.12.2022. The applicant and other family members are stated to have subjected her to cruelty for a demand of dowry, thereby leading to her death on 26.3.2023. ARGUMENTS ON BEHALF OF THE APPLICANT: 5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. The allegations are per se false. 6. The FIR is delayed by about six hours and there is no explanation of the said delay caused. 7. The cause of death was found to be asphyxia as a result of ante- mortem hanging. It is admitted by the husband of the informant that the applicant had left the house after two months of the marriage and had gone to Chennai, as he was a plumber in a company thereat. At the time of the alleged death of his wife, the applicant was in Kerala and had reached from Kerala to Mumbai by changing several modes of communication and had travelled from Mumbai to Varanasi by train and reached there on 3.4.2023. The applicant was arrested the very next day on 4.4.2023. Learned counsel has placed reliance on the ticket, which has been annexed as Annexure-8 to the affidavit. 8. Learned counsel has stated that the ingredients of Section 304-B IPC are not fulfilled, as there is no demand of dowry made, soon before the death of the daughter of the informant, that too, from the applicant. It is admitted fact that the applicant used to reside in the southern part of the country. 9. There is no criminal history of the applicant. The applicant is languishing in jail since 5.4.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 10. The bail application has been opposed on the ground that the applicant was hand in glove with his family members and used to assist them and was in their regular contact through telephone, as such, the applicant is entitled for bail. CONCLUSION: 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the applicant was not present at the place of occurrence at the said time of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 12. Let the applicant- Sanjay Gupta involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 14. 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 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad