Neutral Citation No. - 2025:AHC:108782 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23504 of 2025 Applicant :- Dharamveer Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Pati Tiwari, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 13 of 2025, under Sections 80(2), 85 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Kudarkot, District - Auraiya, 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 about three years before her death. The applicant and other family members are stated to have subjected her to cruelty for a demand of dowry thereby leading her to death on 21.02.2025. 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 three days and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons. 6. Learned counsel has also stated that the informant is the panch witness in the said inquest proceedings undertaken on 21.02.2025 itself and at that time, he has not whispered a single word against the applicant, as such, it is a clear cut case of false implication. There was no mentioning of fact as to what was demanded by the applicant as dowry, as such, the ingredients of Section 80(2) of BNS are not fulfilled. 7. Learned counsel has next contended that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, however, viscera was preserved. It is also stated that the injuries observed on the body of the deceased person are abraded contusions which may have been caused at the time of taking her dead body down from the roof. The applicant is languishing in jail since 01.03.2025 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 informant is one of the panch witness in the inquest proceedings and he has 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 and there is no mentioning of demand of dowry in the FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Dharamveer, 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