Neutral Citation No. - 2025:AHC:116379 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24740 of 2025 Applicant :- Surendra Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0105 of 2024, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station Poonch, District Jhansi, during the pendency of trial. 4. As per prosecution story, the marriage of the brother of the applicant was solemnized with the deceased person as per Hindu Rites on 22.05.2022. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs.1 lakh and a motorcycle as dowry, thereby led her to death on 30.04.2024. 5. The deceased is stated to be pregnant by about four months at the time of incident. The applicant had gone to the maternal house of the deceased person and both were coming back to their own house i.e. the house of the in-laws of deceased person on a motorcycle. On way, the applicant is stated to have committed the murder of the deceased person by throwing her in Betwa River from bridge. 6. Learned counsel for the applicant has stated that the applicant is the brothe-in-law (Devor) of the deceased and has been falsely implicated in the present case. The FIR is delayed by about seven days and there is no explanation of the said delay caused. It is true that the cause of death is asphyxia as a result of ante-mortem drowning, but it is not a case of dowry death. The deceased was staying in her maternal home and was not ready to come back to her in-laws house. 7. Learned counsel for the applicant has further stated that the cousin of the deceased has stated that the applicant had robbed the deceased of her ornaments and committed her murder by throwing her in river. The said fact of robbing the deceased of her ornaments stands falsified from the fact that there is no recovery of any ornaments from the applicant, rather at the time of inquest proceedings of the deceased, the ornaments worn by her were given in possession of the father of the deceased. 8. Learned counsel for the applicant has also stated that the said fact finds mentioned in the inquest report itself, as such, it is a clear-cut case of false implication. There is no sign of any assault or struggle by the deceased person as there is no injury found on her body except one on her thigh, which can be caused at the time of fall from the bridge. 9. It is also stated by learned counsel for the applicant that there is no criminal history of the applicant. The applicant is languishing in jail since 16.05.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned A.G.A. has vehemently opposed the bail application. 11. 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 the fact that the ornaments of the deceased person were given in possession of her father at the time of inquest proceedings, 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. 12. Let the applicant- Surendra, 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. 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 :- 18.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad