Neutral Citation No. - 2025:AHC:105489 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19155 of 2025 Applicant :- Vikash Kant Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- Brijesh Kumar Gautam,G.A.,Shiv Vilas Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vikas Chandra Tiwari, Advocate holding brief of Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, Sri Shiv Vilas Mishra, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.154 of 2025, under Sections 85, 80 B.N.S. and 3/4 D.P. Act, Police Station Modinagar, District Ghaziabad, during the pendency of trial. 4. As per prosecution story, the marriage of the brother of the applicant was solemnized with the deceased person as per Hindu Rites on 15.02.2023. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs.5 lakhs as dowry, thereby led her to death on 06.03.2025 at about 1:26 p.m. 5. Learned counsel for the applicant has stated that the FIR is delayed by about five hours and there is no explanation of the said delay caused. The place of occurrence and the house of the informant are nearby. The applicant has nothing to do with the said offence. He is the brother-in-law (Jeth) of the deceased person and lives in Meerut as he was employed in electricity department. 6. Learned counsel for the applicant has further stated that the applicant has strong alibi as he was present in Hydel Colony, Meerut and there is certificate given by the Junior Engineer of the Department that the applicant was present at the Hydel Colony, Meerut till 12:00 p.m. The applicant lives separately to the other family members. There is no criminal history of the applicant. The applicant is languishing in jail since 09.04.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the distance between the place of occurrence and the residence of the applicant is not much far away, rather it may be about 25 kilometers apart and it was very much possible for the applicant to reach the place of occurrence. 8. Learned counsel for the informant has further stated that the time of offence has been wrongly mentioned. As per post-mortem report, the time of offence may be of the morning of 06.03.2025 as rigor mortis has passed through her body and the doctor has opined the time of death was about one and half day, as such, it is a clear cut case of concocting false story. It was the applicant who had called the informant and told that his daughter has suffered heart- attack, as such, he he gave false information to the informant. 9. 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 the applicant is the brother-in-law (Jeth) of the deceased and was employed about 25 kilometers away from the place of occurrence, 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- Vikash Kant, 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. 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 :- 7.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad