Neutral Citation No. - 2025:AHC:103909 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28971 of 2024 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Anuj Bajpai, learned counsel for the applicant and Sri Arun Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 126 of 2024, under Sections 498-A, 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Sindhauli, District - Shahjahanpur, during the pendency of trial. 4. As per prosecution story, the marriage of daughter of the informant was solemnized with the applicant as per Hindu Rites about three years before her death. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry thereby lead her to death on 03.03.2024 at about 11:00 AM. 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 inquest proceedings were undertaken on the date of death of deceased i.e. on 03.03.2024 and was completed by 04:00 PM the same day. It is argued that the family members of the informant are the panch witnesses to the inquest proceedings and were very much present there but did not care to institute the FIR even they have not whispered a single word against the applicant at that time. The FIR was instituted the next evening which speaks volume of false implication. 7. Learned counsel has relied upon the postmortem report of the deceased person which indicates that on exploration of her chest, the chest wall was found congested and multiple nodules were present. Pus mixed fluid was also coming out from multiple nodules which indicates that the victim was suffering from severe infection maybe due to COX. 8. Learned counsel has further stated that the victim out of depression having suffered from the said severe ailment, has committed suicide. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. 9. Learned counsel has also placed much reliance on the testimony of P.W. 1, the informant and mother of the deceased, who during cross-examination stated that the deceased was not taken to a family ceremony due to her chest infection. Furthermore, she testified that her illness prevented her from interacting closely with her six-year-old child, and these circumstances allegedly led her to commit suicide. It is also submitted that this is the only statement recorded till date, as such, there is no likelihood of early conclusion of trial in near future. The victim had given birth to two children during her wedlock. 10. Learned counsel has next contended that the applicant is languishing in jail since 15.03.2024 having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 11. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that there was infection in the chest of the victim 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. 13. Let the applicant- Pradeep Kumar, 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. 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:- 3.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad