Neutral Citation No. - 2025:AHC:108283 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23679 of 2025 Applicant :- Krishnapal Opposite Party :- State of U.P. Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Darwari Lal, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 362 of 2024, under Sections 80(2), 85, 115(2), 352, 351(3) of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Hafijganj, District - Bareilly, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the sister of the informant as per Hindu Rites about one and a 1/2 years before her death. The applicant and other family members are stated to have subjected her to cruelty for a demand of a four wheeler car as dowry thereby leading her to death on 10.08.2024. 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 three days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that as per postmortem report dated 11.08.2024, the cause of death of deceased was found to be shock and coma as a result of ante-mortem head injury but the applicant, who is the father-in-law of the deceased person has nothing to do with the said offence. 7. Learned counsel has further stated that it is an admitted fact by the prosecution that the deceased along with her husband used to live in House No.72 and the applicant used to live separately in House No. 59 in the same village, as such, it is a clear cut case of false implication. The case of the applicant may be considered on a different footing from that of the husband of the deceased. 8. Learned counsel has next contended that the applicant is languishing in jail since 25.02.2025 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. 9. 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. 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 applicant lives separately in House No. 59, I find it a fit case to release the applicant on bail. The bail application is allowed. The case of the applicant is at a different footing to the case of husband of deceased person. 11. Let the applicant- Krishnapal, 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:- 9.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad