Neutral Citation No. - 2025:AHC:122521 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25579 of 2025 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Singh,Adarsh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Abhishek Singh, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.49 of 2024, under Sections 498A, 304B, 323 I.P.C. and Section 3/4 D.P. Act, Police Station Garipikhta, District Shamli, 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 the occurrence. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs.1 lakh and a motorcycle as dowry, thereby led her to death on 22.03.2024. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. There is no time of offence mentioned in the FIR. The informant was present at the time of inquest proceedings which were complete on 23.05.2024 at 7:00 a.m. itself and he has been arrayed as panch witness no.1 in it. He has not whisper a single word about demand of dowry at that stage. The FIR is further delayed by about fourteen hours to the said inquest proceedings, as such, it has been instituted as an afterthought after legal consultation. 6. Learned counsel for the applicant has further 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 01.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application on the ground that as per viscera report, organophosphorus insecticide was found in it and the deceased had expired within the precincts of the house of the applicant, as such, he is not entitled for bail. 8. 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 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. 9. Let the applicant- Sachin, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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