Neutral Citation No. - 2025:AHC:129742 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24999 of 2024 Applicant :- Mahendra Raikwar Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Rejoinder affidavit filed today is taken on record. 3. Heard Sri Nanhe Lal Tripathi, 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. 93 of 2023, under Sections 498A, 304B, 323, 504, 34 I.P.C. and 3/4 D.P. Act, Police Station- Bar, District- Lalitpur, 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 on08.06.2019, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of motorcycle and Rs. 1,00,000/- as dowry, thereby leading her to death on 29.07.2023 at about 08:00 PM. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Applicant is the husband of the deceased and he has nothing to do with the said offence. The FIR is delayed by about 4 days and there is no explanation of the said delay caused. It is further argued that demand of motorcycle has been falsely mentioned in the FIR and the cause of death could not be ascertained, as such, viscera was preserved, however, there is no viscera report. Only one witness has been examined so far, as such, there is no likelihood of early conclusion of trial, therefore, fundamental right of applicant as enshrined under Article 21 of the Constitution of India stands violated. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.08.2023 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 A.G.A. has vehemently opposed the bail application. 9. As per the status report dated 29.07.2025 received from the trial court concerned, only P.W.1 has been examined during trial. 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 fact that FIR is delayed by four days and there is no explanation of the said delay caused coupled with the fact that there is no likelihood of early conclusion of trial 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. 11. Let the applicant-Mahendra Raikwar, 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 pressurize/intimidate 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 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 :- 1.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad