Neutral Citation No. - 2025:AHC:118047 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19452 of 2025 Applicant :- Pratibha Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.,Kuldeep Kumar Dixit Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Radhey Shyam Yadav, learned counsel for the applicant, Sri Kuldeep Kumar Dixit, learned counsel for the informant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 52 of 2025, under Sections 80(2) B.N.S. and 3/4 D.P. Act, Police Station-Kotwali Fatehgarh, District-Farrukhabad, 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 about 14 months before the death of deceased and the applicant and other family members are stated to have subjected the victim to cruelty for demand of a motorcycle and Rs. 1,00,000/- as dowry, thereby leading her to death on 02.03.2025. 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. The FIR is delayed by about one day and there is no explanation of the said delay caused. The F.I.R. was instituted on 03.03.2025 at about 03:36 PM. Prior to the said FIR, it was the informant himself who had informed the police about the death of the deceased and the inquest proceedings was completed on 03.03.2025 at 09:30 AM itself. The informant did not whisper a single word against the applicant of any demand of dowry or the applicant having committed the said dowry death, as such, the doctrine of first opportunity is applicable to the instant case. The informant is Panch witness No.1 in the inquest proceedings itself. 6. 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 10.03.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay in lodging the FIR coupled with the fact that informant did not whisper a single word against the applicant of any demand of dowry or the applicant having committed the said dowry death 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. 9. Let the applicant- Pratibha Pandey, who is involved in aforementioned case crime be released on bail on her 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. 10. 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 :- 21.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad