Neutral Citation No. - 2025:AHC:122341 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25597 of 2025 Applicant :- Lalji Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ramesh Chandra Tiwari, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.118 of 2025, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Phoolpur, District Prayagraj, 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 five years before the incident. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby led her to death on 26.03.2025. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The deceased had expired due to shock and septicemic as a result of burn injury, but there is no dying declaration of the deceased person. The truth is that this is the second marriage of both the spouses. 6. Learned counsel for the applicant has further stated that the statement of the informant recorded under Section 180 B.N.S.S. categorically indicates that during the subsistence of earlier marriage of the deceased person, she had jumped in the pond alongwith her two children, although she could survive, but her two children died due to drowning. 7. Learned counsel for the applicant has also stated that it speaks volume of mental status of the deceased person. The deceased had committed suicide out of depression. The FIR itself is delayed by more than three days and there is no explanation of the said delay caused. There is no criminal history of the applicant. The applicant is languishing in jail since 30.03.2025 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 deceased had committed suicide out of depression, 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- Lalji Gupta, 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