Neutral Citation No. - 2025:AHC:108433 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56530 of 2023 Applicant :- Kunwarpal @ Krishna Opposite Party :- State of U.P. Counsel for Applicant :- Jayant Dwivedi,Narendra Kumar Singh,Prem Chandra Dwivedi,Pritam Das,Upendra Upadhyay Counsel for Opposite Party :- G.A.,Satendra Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Narendra Kumar Singh, learned counsel for the applicant, Sri Vikram Singh, Advocate, holding brief of Sri Satendra Singh, learned counsel for the informant, Sri Ram Manoj Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.252 of 2023, under Sections 498-A, 304-B, 323 I.P.C. and Section 3/4 of D.P. Act, Police Station- Trans Yamuna, District Agra, during the pendency of trial. 4. As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Hindu rites on 12.05.2018, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of dowry, thereby leading her to death on 06.07.2023. 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 7 days and there is no explanation of the said delay caused. The cause of death is asphyxia as a result of ante- mortem hanging. It is a case of false implication as it was the applicant who had given one lac rupees to the informant. Bank statement of the informant has been filed along with the bail application, which is annexed as Annexure-6 to the affidavit. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 22.07.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail application but they could not dispute the aforesaid arguments raised by learned counsel for the applicant. 7. 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 of the FIR; without expressing any opinion on 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. 8. Let the applicant- Kunwarpal @ Krishna, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 :- 8.7.2025 CS/- (Justice Krishan Pahal) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad