Neutral Citation No. - 2025:AHC:113116 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24178 of 2025 Applicant :- Chandrasen Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- Anaam,G.A.,Jitendra Upadhyay Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vinay Kumar Pandey, learned counsel for the applicant, Sri Jitendra Upadhyay, learned counsel for the informant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.08 of 2025, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Line Bazar, District Jaunpur, 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 19.06.2018. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby led her to death on 03.01.2025 at about 9:00 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 more than seventeen hours and there is no explanation of the said delay caused. The allegations are per se false. There is nothing mentioned in the FIR or even in the statements of the witnesses as to what was demanded in dowry as it has not been specified anywhere, as such, the ingredients of Section 80(2) B.N.S. do not stand fulfilled. 6. Learned counsel for the applicant has further stated that there was a baby girl born and the deceased was under stress as she could not bear a mare child, as such, she has committed suicide. The cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 05.01.2025 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 there is specific demand of dowry although what was demanded has not been mentioned, but the deceased has expired within the precincts of the house of the applicant, as such, the applicant being the husband of the deceased is not entitled for bail. 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 of more than seventeen hours in institution of FIR and the fact that there is no specific demand of dowry in the FIR, 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- Chandrasen Nishad, 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 :- 15.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad