Neutral Citation No. - 2025:AHC:143421 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27059 of 2025 Applicant :- Sarfaraz Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.,Yakub Ali Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant and Sri Yakub Ali, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 374 of 2024, under Sections 80, 85 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Khadda, District - Kushinagar, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the informant's daughter as per Muslim Rites on 09.05.2024. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, as such, the informant had given Rs. Two lakhs to quench their thirst of dowry. Subsequent to it, the informant's daughter sustained fire in the night of 13/14.10.2024 and succumbed to the said burn injuries on 18.10.2024 in the hospital. 5. Learned counsel for the applicant has argued that the applicant is 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 five days from the date of incident and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the inquest report of the deceased person was prepared on 18.10.2024 and the informant along with other family members was present at that time. The victim has sustained burn injuries as an accident during cooking food in kitchen. The cause of death of deceased has been found to be septic shock as a result of ante-mortem burn injury. There is no dying declaration of the deceased rather there is a video recording of her indicating that she caught fire in an accident in kitchen. 7. Learned counsel has further stated that the applicant has strong alibi as he was attending to his job at Jaipur and rushed to his house after learning about the incident and all the toll receipts are annexed as Annexure-11 to the affidavit along with bail application. The applicant is languishing in jail since 19.11.2024. Criminal history of one case assigned to the applicant stands explained. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application. 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 there is no dying declaration of the deceased person, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sarfaraz, 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:- 21.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad