Neutral Citation No. - 2025:AHC:106034 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30345 of 2024 Applicant :- Vikas Alias Bittu Opposite Party :- State of U.P. Counsel for Applicant :- Harendra Singh,Munna Khan,Rajendra Prasad Shukla,Sudhir Mehrotra Counsel for Opposite Party :- Anshul Kumar Singhal,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sudhir Mehrotra, learned counsel for the applicant, Sri Aditya Kashyap, Advocate holding brief of Shri Anshul Kumar Singhal, 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. 112 of 2024, under Sections 498A, 323, 304B I.P.C. and 3/4 D.P. Act, Police Station- Ecotech-IIIrd, District-Gautam Budh Nagar, 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 on 04.12.2022, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of a Fortuner Car and Rs. 21,00,000/- as dowry, thereby leading her to death on 29.03.2024. 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 by about more than one day and there is no explanation of the said delay caused. The inquest proceedings of the deceased was completed on 29.03.2024 itself and the informant is Panch witness No.2 in the said inquest proceedings. The family members of both the parties were present at the time of inquest proceedings. Subsequent to the marriage, the deceased had given birth to a baby girl on 24.08.2023 and the deceased developed a lesion in her liver which was being treated at various places and applicant took every endeavour to get her treated but the deceased might have committed suicide out of depression. There was a ligature mark observed by the Doctor but it was not found enough to cause the death, as such, Viscera was preserved and nothing has been found in the Viscera itself, as such, it is a blind case. 6. It is further argued by learned counsel for the applicant that the applicant is the husband of the deceased and he is cooperating in the trial and no witness has been examined till date, as such, fundamental rights of the applicant as enshrined under Article 21 of the Constitution of Indian stands violated. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 31.03.2024 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. Per contra, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that to date no witnesses could be examined as the co-accused persons have not appeared. There is a demand of a Fortuner Car and Rs. 21,00,000/- and the FIR was instituted within time, as such, applicant is not entitled for bail. 8. After hearing the parties and taking into consideration delay of more than one day in institution of FIR and also taking into considertaion the fact that the informant was present at the time of inquest proceedings coupled with the fact that no cause of death could be ascertained 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-Vikas Alias Bittu, 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 :- 7.7.2025 Karan (Krishan Pahal, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad