Neutral Citation No. - 2025:AHC:124857 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25873 of 2025 Applicant :- Ishwar Prasad Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ankesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ankesh Kumar Dubey, 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. 287 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Gagaha, District- Gorakhpur, 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 in the year 2019, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading her to death on 12.5.2025 at about 03:13 p.m. 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 five hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the deceased had committed suicide as she was suffering from several mental disorders and was undergoing treatment at AIIMS Gorakhpur. The said documents have been filed as Annexure-12 to the affidavit filed with bail application. It is further stated that demand of dowry is not specified in the FIR, as such, the ingredients of Section 80(2) B.N.S. are not fulfilled. 7. It is further argued by learned counsel for the applicant that the cause of death was asphyxia as a result of antemortem hanging. There is no other injury sustained by the deceased person. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.5.2025 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 medical reports of the deceased person and the fact that there is no particular demand of dowry mentioned in the FIR, 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- Ishwar Prasad Pandey, 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 :- 29.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad