Neutral Citation No. - 2025:AHC:91013 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17299 of 2025 Applicant :- Anil Kanaujiya Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vikas Kumar Mishra, Advocate holding brief of Sri Rakesh Prasad Mishra, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0044 of 2024, under Sections 498-A & 306 of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Kotwali Katra, District - Mirzapur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have subjected the daughter of the informant to cruelty for a demand of dowry and had forced her to commit suicide on 04.03.2024. 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 as alleged in the FIR. The FIR is delayed by about nine days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the inquest proceedings of the deceased person were undertaken on 05.03.2024. The informant and his family members were very much present at the time of inquest proceedings and they have been made the panch witness in it. The informant herein is the panch witness no.1 in the said inquest proceedings. It is argued that the informant and his family members have not whispered a single word against the applicant or made any allegations of abetment to the deceased to commit suicide. 7. Learned counsel has further stated that the FIR has been instituted as an afterthought. There is no overt act assigned to the applicant of having abetted the deceased to commit suicide. The marriage of the applicant with the deceased was solemnized 12 years before her death. The cause of death was found to be asphyxia as a result of ante mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 15.03.2024 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. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of nine days in lodging the FIR and also considering the fact that the informant herein is the panch witness no.1 in the inquest proceedings coupled by the fact that the cause of death of the deceased person was found to be asphyxia as a result of ante- mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Anil Kanaujiya, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 27.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad