Neutral Citation No. - 2025:AHC:108360 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23645 of 2025 Applicant :- Shriniwas Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mahendra Singh, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 355 of 2024, under Sections 80(2), 85 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Rajpura, District - Sambhal, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 13.05.2019. The applicant and other family members are stated to have subjected her to cruelty for a demand of motorcycle, gold chain & ring and a buffalo as dowry thereby leading her to death on 19.10.2024. 5. Learned counsel for the applicant has argued that the applicant is 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 seven days and there is no explanation of the said delay caused. The members of the family of both the parties were present at the time of inquest proceedings undertaken on 19.10.2024 itself. 6. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. It is a clear cut case of false implication as the deceased has committed suicide and the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. There are four children out of the said wedlock and the family members of the applicant are taking care of them. 7. Learned counsel has next contended that the applicant is languishing in jail since 05.11.2024 having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 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 in lodging the FIR and also considering the fact that the family members of the deceased were present at the time of inquest proceedings and they have not whispered a single word against the applicant at that time coupled by the fact that the cause of death of deceased has been 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- Shriniwas, 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:- 9.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad