Neutral Citation No. - 2025:AHC:109018 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22713 of 2025 Applicant :- Mahesh Alias Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Tomer,Gaurav Singh Tomar,Inder Pal Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Anjali Singh Tomer, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 199 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Chandaus, District- Aligarh, 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 20.5.2022, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of a motorcycle and Rs.50,000/- as dowry, thereby leading her to death on 14.9.2024. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no time of offence mentioned in the FIR and the FIR is delayed by about one 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 could not be ascertained, as such, viscera of the deceased was preserved. During chemical analysis, aluminum phosphide was found in the viscera which indicates that victim had consumed sulphas tablets. It is further stated that informant is Panch witness no.4 to the inquest proceedings, but he has not whispered a single word regarding demand of dowry at that stage. 7. It is further argued by learned counsel for the applicant that even the informant had given an application to the SSP, whereby he has stated that applicant had never demanded any dowry or has not subjected the deceased to cruelty. The said application has been filed as Annexure-7 to the affidavit filed with bail application. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 22.1.2025 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. Learned State Law Officer has vehemently opposed the bail application on the ground that the deceased had expired within the precincts of house of the applicant after consuming poison, as such, he is not entitled for bail. 9. 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 of one day in institution of FIR and the informant being Panch witness no.4 in the inquest proceedings coupled by the fact that he had given an application to the SSP, 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. 10. Let the applicant- Mahesh Alias Sandeep, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad