Neutral Citation No. - 2025:AHC:137038 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18100 of 2024 Applicant :- Kanhaiya Babu Opposite Party :- State of U.P. Counsel for Applicant :- Noor Mohammad,Sushil Kumar Dubey Counsel for Opposite Party :- G.A.,Narendra Kumar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashish Dwivedi, learned counsel for the applicant, Sri Narendra Kumar, learned counsel for the informant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.202 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Jaswantnagar, District Etawah, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 24.11.2019 and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Rs.1 lakh and a golden chain as dowry, thereby led her to death on 08.08.2023 at about 2:00 p.m. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about six days and there is no explanation of the said delay caused. The cause of death was asphyxia as a result of ante- mortem hanging. 6. Learned counsel for the applicant has further stated that the trial is moving at a snail's pace. It is true that six witnesses have been examined to date, but there is no likelihood of conclusion of trial in near future. There is no criminal history of the applicant. The applicant is languishing in jail since 19.09.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the applicant has placed much reliance on the judgment of the Supreme Court passed in Ashish Dutta vs. State of Chhattisgarh, Petition for Special Leave to Appeal (crl.) No.5753 of 2025, which reads as under:- "1. Heard learned counsel for the parties and perused the pleadings. 2. In respect of the accident/incident which took place on 16.04.2020, FIR under Section 302 of the Indian Penal Code, 1860 was registered after three years. The Charge sheet was filed on 08.08.2023. So far trial has progressed at a very slow pace. Out of 9 only 5 witnesses have been examined. 3. The petitioner was arrested on 15.05.2023 and since then, he is in jail. He has suffered incarceration for more than two years and the trial is likely to take sufficient time to complete. 4. Considering aforesaid the facts and circumstances, we deem it proper to enlarge the petitioner on bail. Accordingly, we direct to enlarge the petitioner on bail subject to the terms and conditions that may be imposed by the Trial Court commensurating with the charges framed against him. 5. The present petition stands disposed of in the above terms. 6. Pending application(s), if any, shall stand disposed of." 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that there are two other injuries in addition to the ligature mark on the neck which go unexplained, as such, the applicant is not entitled for bail as the deceased has expired within the precincts of his house. 9. 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 judgment of Supreme Court passed in Ashish Dutta (Supra), 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. 10. Let the applicant- Kanhaiya Babu, 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. 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 :- 12.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad