Neutral Citation No. - 2025:AHC:109511 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21822 of 2025 Applicant :- Prabhat Kumar Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Upadhyay,Umesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Umesh Chandra Yadav, 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.293 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Chandauli, District Chandauli, 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 19.7.2018. The applicant and other family members are stated to have subjected her to cruelty for demand of a golden chain, motorcycle and Rs.4 lakhs as dowry, thereby throttled her to death on 04.12.2024 at about 3:00 p.m. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by more than one day and there is no explanation of the said delay caused. The deceased has committed suicide out of depression. The FIR indicates that the deceased was throttled, but the cause of death has been found to be asphyxia as a result of antemortem hanging, as such, the prosecution story stands falsified. 6. Learned counsel for the applicant has further stated that the deceased had two children out of the said wedlock. There is no criminal history of the applicant. The applicant is languishing in jail since 19.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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 antemortem 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. 9. Let the applicant- Prabhat Kumar Rawat, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 10.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad