Neutral Citation No. - 2025:AHC:110910 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15628 of 2025 Applicant :- Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashutosh Pandey, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.319 of 2024, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station New Agra, District Agra, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The deceased had expired in her maternal home as she consumed some poisonous material, as such, was rushed to hospital by her family members only, which stands fortified by the medical documents annexed as annexure no.2 to the bail application. 5. Learned counsel for the applicant has further stated that the FIR has been instituted after a delay of about four months by moving an application under Section 156(3) Cr.P.C. The marriage of the deceased person was solemnized with the applicant on 17.04.2019 and there was a baby born out of the said wedlock who was living with the mother only. 6. Learned counsel for the applicant has also stated that the cause of death could not be ascertained, as such, viscera was preseved. There is no criminal history of the applicant. The applicant is languishing in jail since 31.01.2025 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. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that the deceased has expired in her maternal home and 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. 9. Let the applicant- Jitendra, 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 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 :- 11.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad