Neutral Citation No. - 2025:AHC:122336 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24548 of 2025 Applicant :- Anuj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Neeja Srivastava,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Anshul Tiwari, Advocate holding brief of Ms. Neeja Srivastava, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 947 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Robertsganj, District- Sonbhadra, 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 7.12.2020, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Rs.5 lakh as dowry, thereby leading her to death on 1.12.2024 at about 09:00 a.m. The applicant is stated to have called the informant and told that his daughter was admitted in hospital and had expired. The informant went to the hospital and he learnt that his daughter was brought dead at the hospital. 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 six days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the inquest proceedings of the deceased were complete on 1.12.2024 at 04:00 p.m. itself and the applicant and informant both were present at the time of inquest proceedings. The applicant is the Panch witness no.1 and the informant is the Panch witness no.5 to the said inquest proceedings. There was not whispering of a single word about demand of dowry at that stage while the FIR has been instituted after a delay of six days from the inquest proceedings itself as an afterthought after legal consultation. 7. It is further argued by learned counsel for the applicant that the informant did not indicate about any demand of dowry at the first opportunity accorded to him, as such, it is a clear cut case of false implication. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.1.2025 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 A.G.A. has vehemently opposed the bail application. 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 six days in institution of FIR coupled by the fact that informant was Panch witness no.5 to the inquest proceedings and he had not made any allegation of demand of dowry at that stage, 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- Anuj Kumar, 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 :- 25.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad