Neutral Citation No. - 2025:AHC:108547 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23640 of 2025 Applicant :- Bholu Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Ankur Jaiswal,Km. Khushi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ankur Jaiswal, 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. 015 of 2025, under Sections 80, 85 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Bhaluani, District - Deoria, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 04.12.2024. The applicant and other family members are stated to have subjected her to cruelty for a demand of gold ring and a motorcycle as dowry thereby leading her to death on 09.12.2024. 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 48 days and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought and after legal consultations. 6. Learned counsel has also stated that the informant was very much present at the time of last rites of the deceased person as is evident from the CDR of the mobile number of the informant i.e. 7704023185, as such, it is a clear cut case of false implication. The cause of death of deceased has been found to be cardio pulmonary arrest as she was ill and had sustained heart attack, as such, it was a natural death. 7. Learned counsel has next contended that the applicant is languishing in jail since 28.01.2025 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. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of 48 days in lodging the FIR and also considering the statement of the doctor stating that the deceased had expired due to cardio pulmonary attack coupled by the fact that the presence of the informant at the time of the last rites of deceased person, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Bholu Chauhan, 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. 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 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad