Neutral Citation No. - 2025:AHC:114155 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23218 of 2024 Applicant :- Omveer Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Pal,Yadvendra Singh Counsel for Opposite Party :- Brajesh Kumar Solanki,G.A.,Samrat Vikram Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Yadvendra Singh, learned counsel for the applicant, Sri Samrat Vikram Singh, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 213 of 2023, under Sections 498A, 504, 304B, 201 I.P.C. and 3/4 D.P. Act, Police Station-Gangiri, District-Aligarh, during the pendency of trial. 5. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 16.06.2022, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of a Wagon R car as dowry, thereby leading her to death on 19.06.2023. 6. 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 one day and there is no explanation of the said delay caused. The statements of PW-1 and PW-2 were recorded during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. Learned counsel has further stated that subsequent to it, statement of PW-3 and PW-4 were also recorded and they have also not supported the prosecution story. There is no recovery of the dead body whatsoever. The family members were present at the time of cremation and the instant FIR has been instituted after legal consultation 7. It is further argued by learned counsel for the applicant that is no criminal antecedent of the applicant and there is no likelihood of conviction of the applicant. The applicant is languishing in jail since 03.10.2023 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 as well as learned A.G.A. has vehemently opposed the bail application on the ground that two witnesses of fact have categorically deposed against the applicant and the applicant being the husband of the deceased is not entitled for bail being the main accused person and he had disposed of the dead body before the arrival of his in-laws. There is likelihood of the applicant tampering with the evidence as he has got the witnesses turn hostile despite being in jail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that witnesses of fact have turned hostile during trial, 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-Omveer, 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 :- 15.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad