Neutral Citation No. - 2025:AHC:113221 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24253 of 2025 Applicant :- Pankaj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Gaurang Dwivedi,Vineet Sankalp Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Gaurang Dwivedi, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 50 of 2025, under Sections 80(2), 85, 115(2) B.N.S. and 3/4 D.P. Act, Police Station- Kotwali Orai, District- Jalaun, 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 28.2.2022, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading her to death on 29.1.2025 at about 09:30 p.m. 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 cause of death was asphyxia as a result of antemortem hanging. The applicant had rushed the deceased to hospital, which is but evident from Annexure-2 to the affidavit and it indicates that she was admitted in Government Medical College, Orai at Jalaun and was brought by the applicant on 29.1.2025 at about 10:32 p.m. and she was referred for higher centre at 10:40 p.m. the same night, as such, the deceased was rushed to Jhansi Medical College, whereby she expired on the way. 6. Learned counsel for the applicant has further stated that the applicant and other family members were present at the time of inquest proceedings and no family member of the deceased was present there. The applicant as a bona fide act had taken every endeavor to save the life of the deceased person. Learned counsel has stated that the deceased had committed suicide as she was not satisfied with the lifestyle of small town at Orai and she wanted the applicant to take her to a larger town, as such, it is a clear cut case of false implication. 7. It is further argued by learned counsel for the applicant that there is no specific mentioning of fact as to what was demanded in dowry, as such, the ingredients of Section 80(2) B.N.S. are also not fulfilled. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 2.2.2025 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 that there is no specific demand of dowry, 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- Pankaj 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 pressurize/intimidate 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 :- 15.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad