Neutral Citation No. - 2025:AHC:145031 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27960 of 2025 Applicant :- Rahul Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A.,Pradeep Kumar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sanjeev Kumar Yadav, learned counsel for the applicant, Sri Pradeep Kumar, learned counsel for the informant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.208 of 2025, under Sections 85, 80(2), 351(3), 352, 115(2) B.N.S. and 3/4 D.P. Act, Police Station Khajani, District Gorakhpur, 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 26.04.2021 and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Rs.1 lakh, a motorcycle and golden ornaments as dowry, thereby led her to death on 01.06.2025. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about four days and there is no explanation of the said delay caused. The cause of death was asphyxia as a result of ante- mortem hanging, as such, it is a clear-cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 23.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application. 7. In the case of Thulia Kali vs The State of T.N. AIR 1973 SC 501, the Supreme has held that the First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed, the names of the actual culprits and the part played by them as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantage of spontaneity danger creeps in of the introduction of coloured version, exaggerated account, or concocted story as a result of deliberation and consultation. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR 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- Rahul Gupta, 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 pressurise/intimidate with 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 :- 22.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad