Neutral Citation No. - 2025:AHC:103218 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20391 of 2025 Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Pratibha Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.265 of 2024, under Sections 498A, 323, 304B, 120B I.P.C. and 3/4 D.P. Act, Police Station Eka, District Firozabad, 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 07.05.2017 and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry of Rs.5 lakhs and a motorcycle, thereby led her to death on 20.02.2024. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about six months and even the application under Section 156(3) Cr.P.C. was moved after a delay of six days i.e. 26.02.2024 and there is no compliance of Section 154(3) Cr.P.C. as no application has been moved before the Superintendent of Police. 6. Learned counsel for the applicant has further stated that the closure report was filed in the instant case as the brother-in-law of the deceased was having an indecent video of her in a compromising state and an FIR under Section 306 I.P.C. was instituted against him which was entered as Crime No.67 of 2024 at the police station, but after intervention of the police authorities, the case was sent for further investigation and the final report (charge-sheet) has been submitted against the applicant and other family members. 7. Learned counsel for the applicant has also stated that it is a clear-cut case of false implication. The cause of death was found to be asphyxia as a result of ante-mortem hanging. The deceased has committed suicide due to apprehension in her mind that the said video may be made viral by her brother-in-law. There is no criminal history of the applicant. The applicant is languishing in jail since 17.01.2025 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. Learned A.G.A. has vehemently opposed the bail application. 9. 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 in institution of FIR and the fact that the cause of death is asphyxia as a result of ante- mortem hanging, 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. 10. Let the applicant- Ajay 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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 :- 3.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad