Neutral Citation No. - 2025:AHC:108673 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23557 of 2025 Applicant :- Satendra Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Kumar, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 325 of 2024, under Sections 80, 85 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Naujheel, District - Mathura, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the sister of the informant as per Hindu Rites on 12.05.2023. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 5 lakhs as additional dowry thereby leading her to death on 2/3.12.2024. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the cause of death of deceased has wrongly been opined as asphyxia as a result of ligature strangulation as the postmortem report itself indicates that hyoid bone was intact, as such, it was a case of suicide by the deceased person. 7. Learned counsel has next contended that the P.W.-1 has not supported the prosecution story during his cross-examination undertaken the same day and the other witnesses of fact i.e. P.Ws.- 2, 3, 4 & 5 have also been examined and have not supported the prosecution story. They have completely resiled from their earlier statement given to the I.O. and the allegations of the FIR. The witnesses have been cross-examined by the public prosecutor after declaring them hostile. There is no possibility of conviction in the present case under the circumstances. 8. Learned counsel has further stated that the applicant is languishing in jail since 09.12.2024, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 9. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have turned hostile. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that the witnesses have turned hostile coupled by the fact that the hyoid bone of the deceased person was found intact which falsifies her cause of death, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Satendra, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad