Neutral Citation No. - 2025:AHC:143460 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27086 of 2025 Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Sidh Nath Singh,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mushtaq Ali, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 970 of 2023, under Sections 498-A, 304-B, 506 of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Indirapuram, District - Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have married the informant's daughter in a temple after enticing her away. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 5 lakhs as dowry thereby leading her to death on 17.07.2023 at about 09:00 PM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the information of the death of informant's daughter was given to the police station concerned by neighbour Suraj Thakur by dialing 112, whereby it is stated that the deceased entered into an altercation with her parents and has committed suicide. It is admitted by the prosecution that it was a love marriage. It is further argued that the house of the applicant as well as that of the parents of the deceased person were adjacent to each other, as such, due to the altercation ensued with her parents, she has committed suicide. 7. Learned counsel has next contended that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. Criminal history of one case assigned to the applicant has been explained. The applicant is languishing in jail since 19.07.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned State Law Officer has vehemently opposed the bail application. 9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail. 10. In so far as criminal antecedents of the applicant is concerned, it is not the case of the State that applicant might tamper with or otherwise adversely influence the investigation, or that he might intimidate witnesses before or during the trial. The State has also not placed any material that applicant in past attempted to evade the process of law. If the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of criminal antecedents have been shown to deny bail to accused, hence, the Court does not feel it proper to deny bail to the applicant just on the ground that he had criminal antecedent. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, inordinate delay of more than one day in lodging the FIR and also considering the said report given by Suraj Thakur coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Vikas, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad