Neutral Citation No. - 2025:AHC:103695 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45250 of 2023 Applicant :- Mohit Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey,Dewarshi Kumar Rai Counsel for Opposite Party :- G.A.,Manish Dwivedi,Nagendra Kumar Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dewarshi Kumar Rai, learned counsel for the applicant, Sri Manish Dwivedi, learned counsel for the informant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 51 of 2023, under Sections 498A, 323, 304B I.P.C. and 3/4 D.P. Act, Police Station- Radhanagar, District- Fatehpur, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 30.04.2021. The applicant is stated to have subjected the victim to cruelty for demand of Rs. 5,00,000/- as dowry, thereby, leading her to death on 24.02.2023 at about 3:00 PM. 5. 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. The FIR is delayed by about one day and there is no explanation of the said delay caused. Instant case is a just a misuse of process of law. Informant had filed a transfer application before this Court which was entered as Transfer Application (Criminal) No. 689 of 2023 and the proceedings of trial were stayed vide order dated 28.11.2023 in that case. In the instant case only charge has been framed and the trial has been brought to a stand still by the said transfer application filed by the informant. 6. It is further argued by learned counsel for the applicant that applicant is languishing in jail since 26.02.2023, as such, the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stands violated, therefore, the applicant is entitled for bail. 7. Per contra, learned counsel for the informant and learned A.G.A. has vehemently opposed the bail application on the ground that the inquest report indicates several injuries on the part of the body but the Doctor conducting the autopsy of the deceased person had not taken into account the said injury sustained by the victim, as such, he has acted in collusion with the applicant, therefore, he is not entitled for bail. 8. After hearing the learned counsel for the parties and taking into consideration the fact that the trial has been brought to a stand still vide order dated 28.11.2023 passed on the transfer application filed by the informant 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- Mohit Kumar Mishra, 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 pressurize/intimidate 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 :- 3.7.2025 Karan (Krishan Pahal, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad