Neutral Citation No. - 2025:AHC:110125 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1041 of 2025 Applicant :- Mohd. Anwar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Shukla,Smita Shukla Counsel for Opposite Party :- Pramod Kumar, Sarvesh Kumar Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashok Kumar Shukla, learned counsel for the applicant and Sri Pramod Kumar, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 195 of 2024, under Sections 498-A & 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Ubhaon, District - Ballia, 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 Muslim Rites on 23.11.2019. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 02 lakhs and a car as dowry thereby poisoned her. The victim has succumbed to poison on 26.06.2024. 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 four days and there is no explanation of the said delay caused. 6. Learned counsel has placed much reliance on the report of inquest proceedings whereby inquest proceedings were completed on 23.06.2024 at about 06:10 PM. The informant is the panch witness no. 1 in the inquest proceedings, as such, he was very much present at that time but he has not whispered a single word against the applicant about any demand of dowry. The word "suspicion" has been added subsequently which is but evident from the opinion of the panch mentioned in the inquest report. 7. Learned counsel has further stated that the informant did not care to institute the FIR after the inquest proceedings for about three days, as such, it is a clear cut case of false implication. It is also stated that the marriage between the parties subsisted for about five years and the victim had two daughters out of the said wedlock and she has consumed poison due to depression as she could not bear a male child. 8. Learned counsel has next contended that the cause of death of deceased could not be ascertained, as such, viscera was preserved. As per viscera report, organo chloro insecticide has been found in it. The applicant is languishing in jail since 27.06.2024, 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 AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the statement of informant indicates that he had informed the police prior to the institution of FIR. He was mentally disturbed due to the death of his daughter, as such, could not institute the FIR within time, as such, the applicant is not entitled for bail. However, they could not dispute the fact that the applicant has no criminal history. 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 informant is one of the panch witness in the inquest proceedings and he has not whispered a single word against the applicant at that time, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Mohd. Anwar, 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:- 10.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad