Neutral Citation No. - 2025:AHC:113546 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24272 of 2025 Applicant :- Ajamat Hussain Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri M.J. Akhtar, learned counsel for the applicant, Sri Yakoob Ali, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.63 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Kotwali Hata, District- Kushinagar, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Muslim Rites on 11.1.2022, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading her to death on 29.1.2025 at about 06:00 p.m. 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 two days and there is no explanation of the said delay caused. The cause of death was asphyxia as a result of antemortem hanging. 6. Learned counsel for the applicant has further stated that the inquest proceedings were undertaken in the night of 29/30.1.2025. The informant was present at the time of inquest proceedings and she was arrayed as Panch witness no.1 in the said proceedings but she had not whispered a single word against the applicant. 7. It is further argued by learned counsel for the applicant that the matter has already been settled as the deceased was having parlays with some other person on her mobile phone, as such, had committed suicide. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 22.2.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 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 coupled with the fact that informant was Panch witness no.1 in the inquest proceedings and there was no allegation regarding demand of dowry at that stage, 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- Ajamat Hussain, 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. 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 :- 15.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad