HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19215 of 2024 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Counter affidavit filed by the State is taken on record. 3. Heard Sri Subodh Pandey, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.1061 of 2023, under Sections 498A, 304B, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kotwali, District Deoria, during the pendency of trial. 5. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 09.05.2022. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry of Rs.2,00,000/- and a golden chain out of which Rs. 1,00,000/- was earlier on given to the applicant, but the thirst of the said demand of dowry could not be quenched, as such, the deceased was put to death by the applicant on 25.12.2023. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. FIR is delayed by about four days and there is no explanation to the said delay caused. There are general and omnibus allegations against all the accused persons. Cause of death is Asphyxia as a result of ante mortem hanging. Till date, no witness has been examined in the instant case. There is no criminal history of the applicant. The applicant is languishing in jail since 30.12.2023, as such, applicant has Versus Counsel for Applicant(s) : Avinash Kumar Singh, Subodh Pandey Counsel for Opposite Party(s) : G.A. Gautam Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s) been in incarceration for about one year and nine months and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. This Court had called for status of trial from the trial court concerned. As per the status report dated 25.08.2025 received from the trial court concerned, the statement of P.W.1 has been recorded on 20.08.2025 and the cross-examination of the said witness is going on. 9. The Supreme Court in the case of Nitish Chauhan Vs. State of U.P., AIR 2023 SC 2149 has granted bail to the appellant therein on the ground that the appellant has been in custody for nearly two years four months and two witnesses had been examined out of 26 prosecution witnesses. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that only examination-in-chief of P.W.1 has been undertaken and during the said period almost one year and nine months have been passed coupled with the fact that FIR is delayed by four days, 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. 11. Let the applicant- Gautam Kushwaha, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 BAIL No. 19215 of 2024 2 opinion based on the testimony of the witnesses. September 1, 2025 Karan BAIL No. 19215 of 2024 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad