Neutral Citation No. - 2025:AHC:108226 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22019 of 2025 Applicant :- Dipak @ Deepu Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant, Sri Shubham Singh, learned counsel for the informant, 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.342 of 2024, under Sections 85, 80 B.N.S. and 3/4 D.P. Act, Police Station Kabrai, District Mahoba, during the pendency of trial. 4. As per prosecution story, the marriage of the daughter of the informant was solemnized with the applicant as per Hindu Rites on 10.05.2024. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry and asked for material be supplied of high standard, thereby led her to death on 14.11.2024 at about 10:00 a.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 about twelve hours and there is no explanation of the said delay caused. Prior to institution of FIR, the inquest proceedings of the deceased were complete at 3:15 p.m. and the informant was panch witness no.3 to the said inquest proceedings and has not whispered a single word about demand of dowry. 6. Learned counsel for the applicant has further stated that even the ingredients of Section 80(2) B.N.S. are not fulfilled as there is no clear averment regarding demand of dowry. It is only stated that the applicant and other family members were not satisfied with the standard of the material given to them as gift. 7. Learned counsel for the applicant has placed reliance on the statement of the brother-in-law of the deceased as another sister of the deceased was also married in the same village. In the said statement, he has categorically stated that he got an information about the incident on phone and had reached the house and found the room of the deceased locked from inside and broke open the gate with the help of other persons. 8. Learned counsel has further placed reliance on the statements of several neighbours who have stated that the deceased was a lady of short-temper and had committed suicide as she had an altercation with the family members over cooking the food. It is a clear-cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 16.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the applicant is the husband of the deceased person and the deceased has expired within the precincts of the house of the applicant only, as such, he is not entitled for bail. 10. 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 statements of the brother-in-law and several neighbours of the deceased coupled with the fact that the informant was panch witness no.3 in the inquest proceedings, 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. 11. Let the applicant- Dipak @ Deepu, 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. 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 :- 9.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad