Neutral Citation No. - 2025:AHC:108144 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23721 of 2025 Applicant :- Lavkush Opposite Party :- State of U.P. Counsel for Applicant :- Kunwar Mayank Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kunwar Mayank Singh, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 41 of 2025, under Sections 80(2), 85, 352 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Asothar, District - Fatehpur, 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 Hindu Rites about two years before her death. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 2 lakhs and a car as dowry thereby leading her to death on 12.03.2025. 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 as no time of offence has been mentioned in it. 6. Learned counsel has also stated that the applicant was employed in Mumbai and there is a strong alibi of the applicant as he was at Mumbai at the time of offence and after getting the information of unfortunate incident, he immediately boarded at Flight No.IX1234 on 12.03.2025 at 20:55 hours and reached Lucknow at 21:35 hours after institution of FIR. 7. Learned counsel has next contended that the victim insisted the applicant to take her along with him and keep her at Mumbai but the circumstance of the applicant did not allow him to keep her there. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. The applicant is languishing in jail since 26.03.2025 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. 8. Per contra, learned State Law Officer 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that the applicant was not present at the time of offence as the flight ticket shows that he was at Mumbai coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Lavkush, 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. 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:- 9.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad