Neutral Citation No. - 2025:AHC:142727 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22519 of 2024 Applicant :- Jitendra Sonkar @ Guru Opposite Party :- State of U.P. Counsel for Applicant :- Akash Singh Chauhan,Divyanshu Chaudhary,Narendara Mohan,Prashant Kumar Singh,Shiv Badan Counsel for Opposite Party :- Amar Bahadur Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Prashant Kumar Singh, learned counsel for the applicant, Sri R.P. Rajan, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.728 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station- Karvi, District- Chitrakoot, 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 2.5.2023, and subsequent to it, the applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.5 lakh as dowry, thereby led her to death in the night of 24/25.11.2023. 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 more than one and half day and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the cause of death was asphyxia as a result of antemortem hanging, but there are certain other injuries which cannot be attributed to the applicant. The truth is that the deceased was suffering from leucoderma and had started generating white spots on her body. Learned counsel has stated that circular vitiligo spot of 2 cm radius around both nipples was observed in the postmortem report itself. The other injuries sustained by the deceased are minor in nature. 7. Learned counsel for the applicant has further stated that the deceased had committed suicide due to the said vitiligo spot on her body. It is also argued that the trial is moving at a snail's pace as cross-examination of PW-2 is going on and there is no likelihood of conclusion of trial in near future. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.11.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that there were several injuries sustained by the deceased and even saliva was not oozing from her mouth which indicates that it is not a case of suicide rather homicide. Even the ligature mark indicates that it is a case of strangulation, although no fracture of hyoid bone was observed. 9. Learned counsel for the informant has further argued that the deceased had expired within the precincts of house of the applicant that too within a span of six months of her marriage, as such, the applicant is not entitled for bail. 10. This Court had called for the status of trial from the concerned trial court. As per the said status report dated 12.8.2025, the informant had filed a Transfer Application No.388 of 2024 before this Court and the trial was transferred from the Sessions Court Chitrakoot to Sessions Court Varanasi vide order dated 4.7.2024, as such, the trial is going on at Varanasi since 4.7.2024. 11. The trial is transferred at the behest of informant and one year has passed since then. Despite transfer of the trial from Sessions Court Chitrakoot to Sessions Court Varanasi, which is the home town of the informant, only two witnesses have been examined to date, which speaks volume of lethargic approach of prosecution in conducting the trial. 12. 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 cause of death being asphyxia as a result of antemortem hanging coupled by the fact that only two witnesses have been examined to date, 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. 13. Let the applicant- Jitendra Sonkar @ Guru, 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. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. 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 :- 20.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad