Neutral Citation No. - 2025:AHC:101160 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21487 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Narendra Kumar, learned counsel for the applicant and Sri Shyam Dhar Maurya, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 127 of 2025, under Sections 80, 85, 352 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Auraiya, District - Auraiya, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the sister of the informant as per Hindu Rites on 19.06.2019. The applicant and other family members are stated to have subjected her to cruelty for a demand of dowry thereby leading her to death on 14.02.2025. 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. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that prior to the lodging of the FIR, the inquest proceeding was concluded on 15.02.2025 at about 11:30 AM itself and the informant is the panch witness no. 1 in the said inquest proceedings and at that time, he has not whispered a single word against the applicant, as such, it is a clear cut case of false implication. The applicant is the poor person and works in brick kiln. 7. Learned counsel has further stated that there is no mentioning of demand of dowry made from the deceased person as the ingredients of dowry death are not fulfilled. There is no criminal history of the applicant. The applicant is languishing in jail since 17.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that the informant is one of the panch witness in the inquest proceedings and he has not whispered a single word against the applicant at that time, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Rakesh 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 1.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad