Neutral Citation No. - 2025:AHC:142535 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27455 of 2024 Applicant :- Ram Bhawan Opposite Party :- State of U.P. Counsel for Applicant :- Anand Priya Singh,Shailendra Singh Counsel for Opposite Party :- G.A.,Suresh Kumar Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. IIIrd Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Anand Priya Singh, learned counsel for the applicant and Sri Suresh Kumar Yadav, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 60 of 2023, under Sections 498-A & 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Raipur, District - Sonbhadra, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the sister of the informant as per Hindu Rites in the month of May, 2021. The applicant and other family members are stated to have demanded money from the victim to purchase a car as her brother is stated to have purchased a tractor thereby led her to death on 04.08.2023 at about 04:20 AM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. 6. Learned counsel has also stated that the cause of death of deceased could not be ascertained, as such, her viscera was preserved. As per viscera report, aluminium phosphide has been found in it. 7. Learned counsel has next contended that the trial is moving at a snail's pace as only one witness has been examined to date and the other witnesses are not appearing despite coercive action being taken against them. There is no likelihood of early conclusion of trial in near future. It is further stated that the applicant has no criminal history and is languishing in jail since 19.08.2023, as such, he is incarcerated for two years. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. 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 on 23.07.2025. As per the said report, one witness has been examined to date and bailable warrant was issued against other witness on 17.07.2025 and the date has been fixed for 31.07.2025. 10. The Supreme Court in the case of Nitish Chauhan vs. State of U.P., AIR 2023 SC 2149, has granted bail to the appellant therein on the ground that the appellant has been in custody for nearly two years four months and only two witnesses had been examined out of 26 prosecution witnesses. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the judgement of Supreme Court passed in Nitish Chauhan (Supra) and also considering the pace of trial as only one witness has been examined to date and the delay, if any, attributed is on the part of the prosecution coupled by the fact that the applicant is incarcerated for two years, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Ram Bhawan, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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:- 20.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad