Neutral Citation No. - 2025:AHC:108583 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23582 of 2025 Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Kumar Dixit, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 302 of 2023, under Sections 498-A and 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Kotwali Dehat, District - Banda, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 20.06.2021. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 50,000/- cash and a motorcycle as dowry thereby leading her to death on 24.10.2023 at about 04:00 PM. 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 three days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the inquest proceedings of the deceased person were completed on 25.10.2023 itself at about 03:25 PM and the informant is the panch witness no. 1 in it and at that time, he has not whispered a single word against the applicant and the FIR has been instituted after a delay of three days from the date of offence and two days from the date of inquest proceedings after legal consultations, as such, it is a clear cut case of false implication. 7. Learned counsel has next contended that the applicant used to live in Hyderabad as he worked there as a waiter in a hotel. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. The applicant is languishing in jail since 11.11.2023 having no criminal history to his credit. 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 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 coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Umesh, 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:- 9.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad