Neutral Citation No. - 2025:AHC:114807 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24375 of 2025 Applicant :- Vinod Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Kumar Singh, learned counsel for the applicant, Sri Saurabh Chaturvedi and Sri Amresh Singh, learned counsels for the informant as well as 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.246 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Chaubeypur, District- Varanasi, 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 17.4.2018, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Rs.1 lakh as dowry, thereby leading her to death on 17.3.2025. 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. The FIR is delayed by about one month and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the informant was very much present at the time of inquest proceedings and was arrayed as Panch witness no.1 in the said proceedings undertaken on the date of occurrence i.e. on 17.3.2025. The FIR has been instituted as an afterthought. The cause of death was asphyxia as a result of antemortem hanging. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 18.4.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. Learned counsel for the informant has stated that the informant mistakenly mentioned the date of marriage to be 17.4.2018 rather it is 24.4.2018. Learned counsel has stated that the informant ran from pillar to post to get the FIR instituted but could not do so. There is an application dated 22.3.2025 given by the informant before the Additional Police Commissioner, Commissionerate Varanasi, whereby it has been ordered to the SHO, Chaubeypur to get the FIR instituted but the same has not been done, as such, the delay in institution of FIR stands explained. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that FIR is delayed by about one month and the application moved by the informant before the ACP, Commissionerate Varanasi on 22.3.2025 is also delayed by about five days coupled with the fact that the informant was present at the time of inquest proceedings and was arrayed as Panch witness no.1 in the said 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. 10. Let the applicant- Vinod, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 16.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad