Neutral Citation No. - 2025:AHC:122595 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25520 of 2025 Applicant :- Dinesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sarve Nazir,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sarve Nazir, 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.13 of 2025, under Sections 85, 80 B.N.S. and Section 3/4 D.P. Act, Police Station Bhagatpur, District Moradabad, 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 05.12.2021. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby led her to death on 24.01.2025. 5. Learned counsel for the applicant has stated that the the FIR is delayed by more than one day and there is no explanation of the said delay caused. The inquest proceedings of the deceased person were concluded on the date of occurrence i.e. 24.04.2025 itself and the informant was panch witness no.3 in the said inquest proceedings. He has not whispered a single word about demand of dowry whatsoever at that stage. 6. Learned counsel for the applicant has further stated that several affidavits were filed by the villagers indicating that there was no demand of dowry, as such, the other co-accused persons have been exonerated during investigation. The applicant being the husband has been falsely implicated in the present case. There is no particular demand of dowry in the FIR and subsequently the demand has been added. There is only general averment regarding demand of dowry. 7. Learned counsel for the applicant has also stated that the cause of death could not be ascertained, as such, viscera was preserved. There is no criminal history of the applicant. The applicant is languishing in jail since 27.01.2025 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. 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 informant was present at the time of inquest proceedings and he has not whispered a single word regarding demand of dowry at that stage, 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- Dinesh 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 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 :- 25.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad