Neutral Citation No. - 2025:AHC:80212 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16380 of 2025 Applicant :- Satendra Singh Bhagaur Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Chauhan,Arpit Dube,Sharda Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sumant Kumar, Advocate holding brief of Sri Abhishek Chauhan, 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.08 of 2025, under Sections 115(2), 352, 351(3), 64 B.N.S., Police Station- Malpura, District- Agra, during the pendency of trial. 4. As per prosecution story, the FIR was instituted regarding dowry matter against all the members of the family. 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 more than one day and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the offence of sexual assault has been added as an afterthought in the statement of victim recorded U/s 180 B.N.S.S. The instant case is misuse of dowry laws. There is no medical corroboration of the incident, as such, it is a clear cut case of false implication. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 10.4.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. The Supreme Court in Kahkashan Kausar @ Sonam vs The State of Bihar, reported in 2022 (6) SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. 10. 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 allegation of sexual assault has been made subsequently which is not corroborated by any medical evidence, 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. 11. Let the applicant- Satendra Singh Bhagaur, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 15.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad