Neutral Citation No. - 2025:AHC:145250 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25977 of 2024 Applicant :- Gyanendra Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Kushwaha,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 2. Heard Sri Chandra Shekhar Kushwaha, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 205 of 2023, under Sections 498A, 304B of IPC and Section 3/4 of D.P. Act, Police Station Madhubad, District Mau, during the pendency of trial. 4. 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 one and half months and there is no explanation of the said delay caused. 5. Learned counsel has next stated that the allegations are per se false. The applicant was not present at the time of offence as he is a truck driver and had gone to somewhere else on his truck. The cause of death has been found to be asphyxia as a result of ante mortem hanging. It is next stated that trial is moving at snail's pace as only four witness have been examined to date and there is no likelihood of early conclusion of trial in near future. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 16.08.2023 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 A.G.A. has vehemently opposed the bail application. 8. This Court had called for a report regarding the status of trial and in compliance thereof, a report has been submitted by the Trial Court concerned dated 18.08.2025. As per the said report, four witnesses have been examined to date. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR coupled by the fact that only four witnesses have been examined to date, 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- Gyanendra Maurya, 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. 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 :- 22.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad