Neutral Citation No. - 2025:AHC:110759 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23896 of 2025 Applicant :- Mustkeem Alias Mustkeen Opposite Party :- State of U.P. Counsel for Applicant :- Dashrath Lal Counsel for Opposite Party :- G.A.,Pramod Shukla Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dashrath Lal, learned counsel for the applicant, Sri Pramod Shukla, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.17 of 2025, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Sarai Mamrej, District Prayagraj, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 15.04.2018. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby led her to death on 02.02.2025 at about 11:30 p.m. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about sixteen hours and there is no explanation of the said delay caused. At the time of autopsy, the cause of death could not be ascertained, as such, viscera was preserved and even the viscera report does not indicate any poison in it, as such, the deceased has expired due to some natural reasons. 6. Learned counsel for the applicant has further stated that the applicant had admitted the deceased as she was ill and she expired as such. There are certain injuries observed by the panch witnesses, whereby certain bluish stains are stated to have been observed on the neck, chest, lips and eyelid, but they cannot be attributed to the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 6.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the applicant had earlier on also tried to electrocute the deceased person, although he could not produce any evidence to the said allegations. 8. 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 there being no cause of death, 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. 9. Let the applicant- Mustkeem Alias Mustkeen, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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