Neutral Citation No. - 2025:AHC:111716 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 940 of 2025 Applicant :- Girwar Opposite Party :- State Of U.P.. Counsel for Applicant :- Mohammad Danish Counsel for Opposite Party :- G.A.,Sunil Kumar Misra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri V.K. Baranwal, holding brief of Sri Dhirendra Kumar Verma, learned counsel for the applicant and Sri Sunil Kumar Misra, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 99 of 2024, under Sections 80(2), 85 of BNS and Section 3/4 of D.P. Act, Police Station Sonakpur, District Moradabad, during the pendency of trial. 4. As per prosecution story, marriage of son of the applicant was solemnized with the deceased person as per Hindu rites on 27.04.2024. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs. five lacs as dowry thereby led her to death on 19.08.2024 at about 4 a.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 as alleged in the FIR. 6. Learned counsel has also stated that inquest report was prepared before the institution of the FIR and two members of the family of the deceased were present at that stage and subsequently, the FIR has been instituted the same day at 10:07 a.m. The cause of death has been found to be asphyxia as a result of ante mortem hanging. The applicant is the father-in-law of the deceased person. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 26.08.2024 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. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the deceased has expired within four months of her marriage, as such the applicant is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the cause of death coupled by the fact that two members were present at the stage of inquest proceedings, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Girwar, 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 the 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. 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 :- 11.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad