Neutral Citation No. - 2025:AHC:103016 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20461 of 2025 Applicant :- Kaushal Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kaushal Kumar Singh Counsel for Opposite Party :- G.A.,Kailash Prasad Pandey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kaushal Kumar Singh, learned counsel for the applicant, Sri Kailash Prasad Pandey, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.156 of 2025, under Sections 498A, 304B, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kotwali Mathura, District Mathura, during the pendency of trial. 4. Learned counsel for the applicant has stated that the FIR is delayed by about 9 months and even the applicant under Section 175(3) B.N.S.S. has been moved after a delay of about 55 days and there is no explanation of the said delay caused. Even there is no compliance of Section 172(3) B.N.S.S. The allegations are per se false. The informant and other family members were present at the time of inquest proceedings of the deceased person, as such, the FIR has been instituted subsequently as an afterthought. 5. Learned counsel for the applicant has further stated that 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 28.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 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 delay in institution of FIR and the fact that the informant and other family members were present at the time of inquest proceedings, 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- Kaushal Kumar, 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. Order Date :- 3.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad