Neutral Citation No. - 2025:AHC:116842 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24753 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Noor Muhammad, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.749 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- North, District- Firozabad, during the pendency of trial. 5. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 17.2.2020, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Rs.2 lakh as additional dowry, thereby leading her to death on 5.11.2024. 6. 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 and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that prior to the institution of FIR the inquest proceedings of the deceased person were completed on 5.11.2024 at 05:30 p.m. itself and the informant was very much present at the time of said proceedings and was arrayed as Panch witness no.3, but there is no whispering of a single word regarding demand of dowry at that stage. The FIR has been instituted subsequently as an afterthought. 8. Learned counsel for the applicant has further contended that the deceased could not bear a child and was being treated for it, and as such, out of depression she had committed suicide. The cause of death was asphyxia as a result of antemortem hanging. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 7.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. 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 informant is Panch witness no.3 in the inquest proceedings and the cause of death was asphyxia as a result of antemortem hanging, 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. 11. Let the applicant- Amit 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 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad