Neutral Citation No. - 2025:AHC:112244 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24098 of 2025 Applicant :- Ram Nivas Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Kumar Shukla, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Complaint Case No.536 of 2017, under Section 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Khudaganj, District - Shahjahanpur, 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 on 09.07.2016. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 50,000/- and a splendor motorcycle as dowry thereby leading her to death by poisoning on 30.05.2017. 5. It is also alleged that the victim was pregnant of about eight months at the time of her death. The complainant had called the police by dialing 100 but no FIR has been lodged by the police. 6. 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. There is neither any postmortem examination of the deceased person nor any evidence with regard to the complainant dialing no. 100 for calling police. There is no FIR in the instant case. 7. Learned counsel has also stated that an application u/s 156(3) Cr.P.C. was moved after a delay of 10 days and the case was treated as complaint case. The applicant and other co-accused persons have been summoned by the court concerned vide order dated 16.09.2022. The instant case is just a misuse of process of court. 8. Learned counsel has next contended that the applicant is languishing in jail since 02.06.2025 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 filing the application u/s 156(3) Cr.P.C. and also considering the fact that neither the postmortem of the deceased person was conducted nor there is any evidence of dialing no. 100 by the complainant for calling the police, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Ram Nivas, 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:- 14.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad