Neutral Citation No. - 2025:AHC:129528 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21982 of 2024 Applicant :- Sangam Opposite Party :- State of U.P. Counsel for Applicant :- Vijendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vijendra Kumar Mishra, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer, for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.325 of 2023, under Sections 498A and 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Jhagaha, District- Gorakhpur, 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 02.12.2020, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of dowry, thereby leading her to death on 04.07.2023. 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 FIR is delayed by about five days and there is no explanation of the said delay caused. The cause of death is coma as a result of ante mortem injuries. It is further argued that the trial is at a stand still as no witness has been examined till date, as such, there is no likelihood of early conclusion of trial, therefore, fundamental right of applicant as enshrined under Article 21 of the Constitution of India stands violated. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 11.07.2023 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 State Law Officer 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, and taking into consideration the delay in institution of FIR coupled with the fact that there is no likelihood of early conclusion of trial 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- Sangam, 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. 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 :- 1.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad