Neutral Citation No. - 2025:AHC:101080 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21558 of 2025 Applicant :- Dayashankar Pathak Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Man Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Man Mohan Mishra, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 31 of 2025, under Sections 85, 80(2) of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Mehnajpur, District - Azamgarh, during the pendency of trial. 4. As per prosecution story, the marriage of son of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 23.04.2024. The applicant and other family members are stated to have subjected her to cruelty for a demand of pulsar motorcycle and Rs. 5 lakhs as dowry thereby leading her to death on 11.04.2025 at about 11 PM. 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 as alleged in the FIR. The FIR is delayed by about 15 hours and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought which is but evident from the fact that the inquest proceedings of the deceased person were completed before the lodging of the FIR i.e. on 12.04.2024 at 09:00 AM. 6. Learned counsel has also stated that there are general and omnibous allegations against all the accused persons. 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 or any other family members, as such, it is a clear cut case of false implication. 7. Learned counsel has next contended that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 27.05.2025 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. Per contra, learned State Law Officer 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. The Supreme Court in the case of Kahkashan Kausar @ Sonam Vs. The State of Bihar, reported in 2022(6) SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. 10. 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, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Dayashankar Pathak, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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