Neutral Citation No. - 2025:AHC:103874 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28099 of 2024 Applicant :- Vinay Opposite Party :- State of U.P. Counsel for Applicant :- Ratan Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ratan Kumar Mishra, learned counsel for the applicant, Sri Varaun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 447 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station- Kotwali Chunar, District- Mirzapur, 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 six months before her death. The applicant and other family members are stated to have subjected her to cruelty for demand of a motorcycle as dowry and Rs.1 lakh for the job the job of the applicant, thereby leading her to death on 24.12.2023. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. The applicant has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the victim was suffering from depression as her father was a government employee and her husband was an unemployed person. She has committed suicide and the cause of death has been found to be asphyxia as a result of antemortem hanging. Learned counsel has stated that the demand does not fall within the classification of dowry as Rs.1 lakh is stated to have been demanded for getting himself employed by the applicant. 7. It is further argued by learned counsel for the applicant that the applicant and the informant were present at the time of inquest proceedings undertaken by the Investigating Officer at PHC, Chunar on 24.12.2023. Had the applicant committed the said offence, he would have run away from the place of occurrence. The said FIR is an afterthought instituted with ulterior motive. 8. Learned counsel for the applicant has further contended that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.12.2023 and only one witness of fact has been examined till date, as such, there is no likelihood of conclusion of trial in near future as it is moving at a snail's pace. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay in institution of 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. 11. Let the applicant- Vinay, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 3.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad