Neutral Citation No. - 2025:AHC:122475 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28572 of 2024 Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Chandra Shukla,Sushil Kumar Shukla Counsel for Opposite Party :- G.A.,Sandeep Kumar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akhilesh Chandra Shukla, learned counsel for the applicant, Sri Sandeep Kumar Singh, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 24 of 2024, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Binauli, District- Baghpat, 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 one year before the date of occurrance, and subsequent to it, the applicant is stated to have subjected the victim to cruelty for demand of dowry, thereby leading her to death on 03.02.2024. 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 and there is no explanation of the said delay caused. It is further argued that there is no particular demand of dowry mentioned in the FIR, as such, allegations are vague, but subsequently, the said demand has been added. There is major discrepancy in the instant case as the inquest proceedings of the deceased person was undertaken on 03.02.2024 itself and it was completed the same evening at about 07:00 PM wherein the informant has been arrayed as Panch witness No.1 in the said inquest proceedings, as such, he was present at the place of occurrence, simultaneously, the FIR has been instituted by the informant on 03.02.2024 at about 06:57 PM which is almost the same time and the distance between the place of occurrence and the police station is about 6 Km, as such, it is not possible for the informant to be present at both the places, either of the two proceedings i.e. the inquest proceedings or the FIR is ante timed, therefore, it is clear cut case of false implication. 6. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 04.02.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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 fact that either the FIR or the inquest proceedings is ante timed 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. 9. Let the applicant-Pawan, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad