Neutral Citation No. - 2025:AHC:100953 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20162 of 2025 Applicant :- Shailendra Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Brijesh Kumar Srivastava, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.177 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station- Bah, District- Agra, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 25.6.2024. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs.1 lakh and a motorcycle as dowry, thereby led her to death by beating her up on 14.10.2024. 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. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the prosecution story stands falsified from the fact that the FIR indicates that the deceased person was beaten up by the applicant and other family members but no injury has been observed on her body rather only one ligature mark has been observed on her neck and the cause of death has been found to be asphyxia as a result of antemortem hanging. It is a clear cut case of suicide committed by the deceased person due to depression. 7. It is further argued by learned counsel for the applicant that the informant was present at the time of inquest proceedings which were undertaken on 14.10.2024 itself and was complete by 11:20 p.m. The said information to the police about the death was given by the informant himself the same day and there was no whisper of a single word against the applicant regarding demand of dowry and the deceased being subjected to cruelty by the applicant or other family members. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 8.11.2024 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. Learned A.G.A. has 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, and taking into consideration that no injury has been observed on the body of the deceased person except one ligature mark on her neck coupled with the fact that the information to the police about the death was given by the informant himself and there was no whisper of a single word against the applicant regarding demand of dowry and the deceased being subjected to cruelty by the applicant or other family members at the stage 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. 10. Let the applicant- Shailendra, 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 :- 1.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad