Neutral Citation No. - 2025:AHC:115825 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22060 of 2025 Applicant :- Ramkesh Alias Nitin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar,Gunjan Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajay Sengar, learned counsel for the applicant, Sri R.P. Yadav, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 171 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Sirsa Kalar, District- Jalaun, 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 22.10.2022, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Rs.8 lakh as dowry, thereby leading her to death on 25.10.2024 at about 02:00 p.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. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that no injury was observed on the body of the deceased person and even the cause of death could not be ascertained, as such, viscera was preserved. During chemical analysis of the viscera, organophosphorus insecticide has been found in it. Learned counsel has stated that the FIR has been instituted after the inquest proceedings and postmortem examination of the deceased person as an afterthought. 7. Learned counsel for the applicant has further contended that the applicant is a Jawan in Army and did not have the accommodation to keep his wife with him. The deceased insisted the applicant to take her alongwith him but the applicant was not in a capacity to take her alongwith him, as such, the deceased had committed suicide. 8. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 28.10.2024 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. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the deceased had expired just after two years of the marriage and there was nothing on record to suggest that she insisted the applicant to take her alongwith him. The said averment is false. The deceased had expired within the precincts of house of the applicant that too by consuming poison. The said poison has been forcibly administered to her. 10. Learned counsel for the informant has also placed reliance on certain photographs of the deceased taken before her death, whereby it is indicated that she had injuries on her left eye and around it, as such, the applicant is not entitled for bail. The autopsy report has been prepared in collusion with the applicant. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of two days in institution of FIR and also the fact that no injury was observed y the doctor conducting autopsy of the deceased person, 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. 12. Let the applicant- Ramkesh Alias Nitin 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 17.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad