Neutral Citation No. - 2025:AHC:143564 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 162 of 2024 Applicant :- Vikram Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Shashi Kant Shukla, learned counsel for the applicant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.0309 of 2022, under Sections 498A and 304B I.P.C. and 3/4 D.P. Act, Police Station Pakbada, District Moradabad, during the pendency of trial. 5. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites about 9- 10 months 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 05.10.2022 at 04:30 AM. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. FIR is delayed by about 12 days and there is no explanation to the said delay caused. Applicant has nothing to do with the said offence. There are general and omnibus allegations of demand of dowry against all the accused persons. It is nowhere mentioned as to what was demanded in dowry. It is further argued that even the witnesses have resiled from their statement during cross-examination. Even the P.W.1 has stated that he had instituted the FIR at the instance of the Sub-Inspector at the police station. 7. Learned counsel for the applicant has further stated that the cause of death could not be ascertained, as such, Viscera was preserved and on chemical analysis of Viscera, Organo Chloro Insectiside was found in it. There is no criminal history of the applicant. The applicant is languishing in jail since 31.10.2022 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 FIR is delayed by about 12 days and there is no explanation of the said delay caused, 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- Vikram, 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 :- 21.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad