Neutral Citation No. - 2025:AHC:116363 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24653 of 2025 Applicant :- Akhlesh Opposite Party :- State of U.P. Counsel for Applicant :- Jeet Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jeet Bahadur Singh, learned counsel for the applicant, 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.509 of 2024, under Sections 85, 80(2), 115(2) B.N.S., 2023 and Section 3/4 D.P. Act, Police Station Hathras Gate Kotwali, District Hathras, 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 about three years before her death. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs.50,000/- and a motorcycle as dowry, thereby led her to death on 15.11.2024 at about 11:00 a.m. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by more than five hours and there is no explanation of the said delay caused. It is true that the applicant is the husband of the deceased, but he has nothing to do with the said offence. The applicant as a bona fide act had informed the family members of the deceased and had also dialed 112, whereby the police had come and the door of the room of deceased was broken open as it was locked from inside. 6. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. Much reliance has been placed on the suicide note of the deceased person, annexed as annexure no.10 to the affidavit filed with the bail application, whereby it is stated that two sisters, including the deceased person, were married in one and the same family and her other sister had eloped with paramour. The applicant and other family members used to tease and torment the deceased for the said elopement of her sister. 7. Learned counsel for the applicant has also stated that it is not a case of dowry death and even the case of abetment to suicide is not made out as the ingredients enshrined in Section 108 B.N.S. are not fulfilled. There is no criminal history of the applicant. The applicant is languishing in jail since 17.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 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 delay in institution of FIR and the fact that the applicant had informed the family members of the deceased 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- Akhlesh, 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. 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 :- 18.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad