Neutral Citation No. - 2025:AHC:110779 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23915 of 2025 Applicant :- Yogendra @ Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Pandey,Siddharth Niranjan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Dharmpal Singh, learned Senior Counsel assisted by Sri Siddharth Niranjan, learned counsel for the applicant, 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.0431 of 2024, Session Trial No.120 of 2025, under Sections 85, 80(2), 351(3) B.N.S. and 3/4 D.P. Act, Police Station Bhogaon, District Mainpuri, 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 26.05.2022. The applicant and other family members are stated to have subjected her to cruelty for demand of a motorcycle and golden chain as dowry, thereby led her to death on 30.10.2024 at about 3:00 p.m. 6. Learned Senior Counsel for the applicant has stated that the applicant came to know of the suicide committed by the deceased person and he rushed the deceased to hospital and thereafter she was referred to another hospital and was admitted there, but sadly could not survive. The applicant took every effort to save the life of the deceased person. He has nothing to do with the said offence. 7. Learned Senior Counsel for the applicant has further stated that the inquest report of the deceased was prepared on 31.10.2024 and were complete at 1:31 p.m. and all the family members of the deceased were present at that time and they have not whispered a single word about demand of dowry and more than two days after the inquest proceedings, they have instituted the FIR. 8. Learned Senior Counsel for the applicant has also stated that the FIR has been instituted after legal consultation and deliberations. There is no explanation of delay of three days in institution of FIR. The cause of death is asphyxia as a result of ante-mortem hanging, although there is an injury observed on the neck, but the same cannot be attributed to the applicant. The same could have been caused at the time of hanging i.e. suicide committed by the deceased person. 9. Learned Senior Counsel for the applicant has further stated that the criminal history of one case assigned to the applicant stands explained. The applicant is languishing in jail since 24.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned A.G.A. has vehemently opposed the bail application. 11. 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 in institution of FIR and the fact that the family members of the deceased were present at the time of inquest proceedings and they have not whispered a single word about demand of dowry, 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. 12. Let the applicant- Yogendra @ Babloo, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 11.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad