Neutral Citation No. - 2025:AHC:127804 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25121 of 2025 Applicant :- Lalit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant and Sri Vinod Kumar Singh, learned counsel for the informant as well as Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 73 of 2024, under Sections 498A, 304B, 506 IPC and Section 3/4 of D.P. Act, Police Station Dhanapur, District Chandauli, during the pendency of trial. 4. As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Hindu rites on 16.05.2023. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs. five lacs and a car as dowry and thereby led her to death in the night of 01/02.06.2024. 5. Learned counsel for 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 allegations are per se false. The FIR is delayed by about more than one day and there is no explanation of the said delay caused. 6. Learned counsel has further stated that the applicant was attending to his job with A.C.T. company at Delhi and after learning about the death of his wife, had taken leave on 02.06.2024 and boarded on a flight from Indira Gandhi International Airport to Varanasi on the same day. The said flight ticket has been annexed as Annexure-6 to the affidavit filed with the bail application. 7. Learned counsel has further stated that the attendance details also indicate that the applicant was attending to his duties at Delhi and had taken leave on 02.06.2024 after learning the death of his wife and obviously returned after cremation of his wife, as such the applicant is entitled for bail. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 07.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the photographs taken at the time of recovery of the dead body of the deceased indicates that her feet was touching the bed, as such it is not a case of suicide, rather it is a case of murder as she has been put to death and then hanged to the ceiling fan. 10. Learned counsel for the informant next stated that the deceased had expired within the precincts of the house of the applicant only and the onus lies on the applicant to prove as to under what circumstances she has expired as the applicant is the husband of the deceased person, as such he has failed to dispel the burden of proof and is not entitled for bail. 11. 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 FIR coupled by the fact that there are tickets and the attendance details of the applicant attending to his job at Delhi, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Lalit Kumar, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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