Neutral Citation No. - 2025:AHC:101133 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21497 of 2025 Applicant :- Kamal Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Narendra Kumar, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 320 of 2024, under Sections 85, 80(2), 86 of BNS and Sections 2/4 of Dowry Prohibition Act, Police Station - Kuraoli, District - Mainpuri, during the pendency of trial. 4. 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 as alleged in the FIR. The FIR is delayed by about six days and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the inquest report of the deceased person was prepared on 24.09.2024 itself and the proceedings were completed at 04:30 PM. The informant is the panch witness no. 3 in the said inquest proceedings and at that time, he has not whispered a single word against the applicant, as such, it is a clear cut case of false implication. 6. Learned counsel has further stated that there are general and omnibous allegations against all the accused persons. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. 7. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 27.10.2024 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. 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- Kamal Kishor, 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:- 1.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad