Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29169 of 2024 Applicant :- Vivek Alias Aavesh Kumar Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.,Jalaj Singh Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant. 2. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 409 of 2023, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Bhamora, District Bareilly, during the pendency of trial. 4. As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Hindu rites on 12.02.2023. The applicant is stated to have established illicit relationship with other ladies, as such he along with other family members is stated to have subjected the deceased to cruelty for demand of a motorcycle and cash as dowry and thereby strangulated the deceased to death in the night of 11.12.2023. 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 as alleged in the FIR. The FIR is based on false allegations. Even, there is contradiction regarding the motive for commissioning of the offence. At one side, it is stated that the applicant had illicit relationship with several ladies and on the other side, it is stated that he demanded dowry but there is no averment as to how much money was demanded in dowry. 6. Learned counsel has further stated that the FIR alleges that the deceased was strangulated to death but the cause of death has been found to be asphyxia as a result of ante mortem hanging, as such the applicant is entitled for bail. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 27.12.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the contradiction regarding motive of commissioning of offence, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Vivek Alias Aavesh Kumar Srivastava, 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. 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 :- 10.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad