Neutral Citation No. - 2025:AHC:142842 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28751 of 2024 Applicant :- Rajveer Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani,Jay Prakash Pandey,Raghvendra Pratap Singh,Umesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 2. Heard Sri Ganesh Mani Tripathi, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 218 of 2023, under Sections 325, 498A, 304B, 504 of IPC and Section 3/4 of D.P. Act, Police Station Jareef Nagar, District Budaun, during the pendency of trial. 4. As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Hindu rites about one year before the incident. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs. one lac and ornaments as dowry and thereby led her to death on 20.08.2023 at about 9 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by one day and there is no explanation of the said delay caused. 6. Learned counsel has next stated that the cause of death has been found to be asphyxia as a result of ante mortem hanging. The informant was present at the time of inquest proceedings. The FIR has been instituted after the inquest and autopsy of the deceased person as an afterthought. There is no allegation of demand of dowry at the stage of inquest proceedings. 7. Learned counsel has further stated that the allegations that the applicant had earlier on beaten up the deceased person and got her hand fractured, are false. There are general and omnibus allegations against all the accused persons. The trial is moving at snail's pace and only four witnesses have been examined to date and there is no likelihood of early conclusion of trial in near future. 8. Learned counsel has next argued that there is material contradiction in the FIR and the statement of the mother-in-law of the applicant who has been examined as PW-4, who has categorically stated that the deceased person had sustained fracture in her hand in her maternal home and she had been given treatment by a local doctor there, as such the allegations made in the FIR are false and the applicant did not cause any injury to the deceased person. 9. Learned counsel has further submitted that the applicant is employed at Delhi and a marginal member of the society, as such he was unable to maintain her at Delhi and the deceased person insisted on being taken with him, as such she has committed suicide out of depression. 10. There is no criminal history of the applicant. The applicant is languishing in jail since 13.10.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Learned A.G.A. has vehemently opposed the bail application on the ground that four witnesses have been examined and the trial is moving at its reasonable pace, as such the applicant is not entitled for bail. 12. 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 coupled by the fact that only four witnesses have been examined to date, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 13. Let the applicant- Rajveer, 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 the 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. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. 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 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad