Neutral Citation No. - 2025:AHC:144693 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28058 of 2025 Applicant :- Vikas Sikarwar Opposite Party :- State of U.P. Counsel for Applicant :- Upadhyay Karan Dinanath,Vishesh Rajvanshi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vishesh Rajvanshi, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 22 of 2025, under Sections 80(2), 85 of BNS and Section 3/4 of D.P. Act, Police Station Sikandra, District Agra, 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 26.06.2023. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.five lacs as dowry and thereby led her to death on 09.01.2025. 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 more than one day and there is no explanation of the said delay caused. 6. Learned counsel has next stated that there are statements of several neighbours including one Dhanveer, who has stated that mother of the applicant was crying outside the room and he forced open the door of the room and found the deceased suspended to the ceiling and he brought her down from the ceiling and rushed to the hospital where she was declared brought dead. 7. Learned counsel has further stated that even the said statement indicates that the applicant was not present at the time of retrieval of the dead body. There are general allegations against all the accused persons regarding demand of dowry. The cause of death has been found to be asphyxia as a result of ante mortem hanging. 8. Learned counsel has next argued that the inquest report of the deceased person was prepared on 09.01.2025 itself and the informant and other family members were present at that time which indicates that the FIR has been instituted as an afterthought after legal consultation. 9. There is no criminal history of the applicant. The applicant is languishing in jail since 13.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned A.G.A. has vehemently opposed the bail application. 11. 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 delay in institution of the FIR coupled by the fact that the informant and other family members were present at the time of inquest proceedings and also taking into account the statement of one Dhanveer, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 12. Let the applicant- Vikas Sikarwar, 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. 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 :- 22.8.2025/Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad