HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24137 of 2024 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ajay Pandey, learned counsel for the applicant and Sri Vijay Babu, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 202 of 2023, under Sections 498A, 304B of IPC and Section 3/4 of D.P. Act, Police Station Charwa, District Kaushambi, during the pendency of trial. 4. 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 three days and there is no explanation of the said delay caused. 5. Learned counsel has next stated that the cause of death has been found to be asphyxia as a result of ante mortem hanging. The applicant is languishing in jail since 25.09.2023 and he has been incarcerated for about two years and there is no likelihood of early conclusion of trial in near future.The Fundamental Rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. 6. Learned counsel has further stated that an application was moved by the informant at the police station prior to the instant FIR which stands mentioned in the inquest report itself undertaken on 21.09.2023 about two days before the FIR. The informant was present at the time of inquest Versus Counsel for Applicant(s) : Ajay Pandey Counsel for Opposite Party(s) : G.A., Vijay Babu Lavman .....Applicant(s) State of U.P. .....Opposite Party(s) proceedings and he has been arrayed as panch witness no.1 in the said proceedings. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 25.09.2023 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 counsel for the informant as well as learned State Law Officer have vehemently opposed the bail application on the ground that the applicant had snatched the mobile of the deceased person so that she could not inform the informant about the incident, as such the applicant is not entitled for bail. 9. This Court had called for a report regarding the status of trial and in compliance thereof, a report dated 12.08.2025 has been submitted by the concerned trial court. As per the said report, four witnesses have been examined to date. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR coupled by the fact that the informant was present at the time of inquest proceedings and also considering the period of incarceration, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Lavman, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall 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 BAIL No. 24137 of 2024 2 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. September 1, 2025 Sumit S BAIL No. 24137 of 2024 3 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad