HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15986 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ankit Mishra, learned counsel for the applicant, Sri Chandra Prakash Misra, learned counsel for the informant, Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.124 of 2024, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Kubersthan, District Kushinagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. FIR is delayed by about two days and there is no explanation to the said delay caused. The statement of informant has been recorded during trial and he has stated that his sister was a person of unsound mind and there is no demand of dowry mentioned in the said statement. During trial only one witness has been examined, as such, there is no likelihood of early conclusion of trial. The cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 30.04.2024, as such, applicant is in incarceration for about one year and four months and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned counsel for the informant as well as learned State Law Officer have vehemently opposed the bail application. 6. This Court had called for status of trial from the trial court concerned. As Versus Counsel for Applicant(s) : Ankit Mishra Counsel for Opposite Party(s) : Chandra Prakash Misra, G.A. Akshay Kumar Prasad .....Applicant(s) State of U.P. .....Opposite Party(s) per the status report dated 29.08.2025 received from the trial court concerned, two witnesses have been examined. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the FIR is delayed by about two days coupled with the fact that the statement of informant has been recorded during trial whereby there is no demand of dowry and the deceased is stated to be of unsound mind, 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. 8. Let the applicant- Akshay Kumar Prasad, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. September 1, 2025 Karan BAIL No. 15986 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad