Neutral Citation No. - 2025:AHC:100701 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19286 of 2025 Applicant :- Jagdish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rahul Saxena, learned counsel for the applicant, 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.255 of 2024, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Amaria, District Pilibhit, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 04.05.2020. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry of Rs.2 lakhs and a car, thereby led her to death on 19.12.2024. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The inquest proceedings of the deceased person was conducted on 20.12.2024 and was completed by 10:45 a.m. The name of the deceased person was mentioned in it, while the statements of two star witnesses, who happened to be the brothers of the deceased person, namely, Rajesh and Harish, categorically indicates that they had reached police chowki where the dead-body was kept after the inquest proceedings and her dead-body was sent to mortuary for autopsy. 6. Learned counsel for the applicant has further stated that the applicant is a bona fide person and had instituted a missing report of the deceased person at the police station on 20.12.2024 itself, which was entered at GD no.25 at 10:46 a.m. There are other witness including mother, aunt, uncle and neighbours, who have categorically levelled the allegations of demand of dowry against the mother of the applicant. There are general and omnibus allegations against the applicant. Barring a few instance where the applicant has also been assigned the role of demanding dowry. 7. Learned counsel for the applicant has also stated that it is a clear-cut case of false implication. The place of recovery of the dead-body is in another district i.e. Bareilly and is about 15 kilometers away from the house of the applicant. Learned counsel has further stated that the inquest proceedings are ante-time as per the statements of two witnesses, namely, Rajesh and Harish, and also the inquest report itself. 8. Learned counsel for the applicant has further stated that the FIR itself has been instituted as an afterthought after the autopsy of the deceased person. There is no criminal history of the applicant. The applicant is languishing in jail since 22.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 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 inquest report of the deceased and the fact that there are general and omnibus allegations against the applicant, 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- Jagdish Kumar, 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 opinion based on the testimony of the witnesses. Order Date :- 1.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad