Neutral Citation No. - 2025:AHC:127679 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24275 of 2025 Applicant :- Govind Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Pandey,Santosh Kumar Pandey,Shivajee Srivastava,Sr. Advocate Counsel for Opposite Party :- G.A.,V.P. Singh Kashyap Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Uday Karan Saxena, learned Senior Counsel assisted by Sri Mahesh Pandey, learned counsel for the applicant and Sri V.P. Singh Kashyap, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 86 of 2025, under Sections 80(2), 85 of BNS and Section 3/4 of D.P. Act, Police Station Shamshabad, District Farrukhabad, during the pendency of trial. 4. As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Hindu rites about three and half years before the incident. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs. 50,000/- as dowry and thereby led her to death on 26.04.2025. 5. Learned Senior Counsel appearing on behalf of the applicant has argued that the applicant is absolutely 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 by about two days and there is no explanation of the said delay caused. The cause of death has been found to be asphyxia as a result of ante mortem hanging. 6. Learned Senior Counsel has further stated that the informant and other family members were present at the time of inquest proceedings undertaken on 27.04.2025 on the basis of an information given by the informant himself, as such it is a clear cut case of false implication. At that stage, the informant did not raise any allegation regarding demand of dowry and subsequently, FIR has been instituted as an afterthought. As the information at the police station was given by the informant himself, the instant FIR is hit by Section 181 BNSS, as such the applicant is entitled for bail. 7. Learned Senior Counsel has next argued that there being no particular demand of dowry and even a word 'dowry' does not find mention in the FIR itself which speaks volume of false implication and the ingredients of Section 80(2) BNSS are not fulfilled. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 10.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the deceased has expired within the precincts of the house of the applicant and the onus lies on him to explain the circumstances of her death. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the fact that the family members of the informant were present at the time of inquest proceedings, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Govind, 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 the 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. 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 :- 31.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad