HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29117 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Darbari Lal, 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. 362 of 2024, under Sections 85, 80(2), 115(2), 352, 351(3) of BNS and Section 3/4 of D.P. Act, Police Station Hafijganj, District Bareilly, during the pendency of trial. 4. 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 three days and there is no explanation of the said delay caused. 5. Learned counsel has next stated that it is true that the cause of death was coma as a result of ante mortem head injury but the said injury was caused due to accident which is but evident from the statement of PW-1, informant who has categorically stated that there was no demand of dowry and the deceased has expired due to accident. 6. Learned counsel has next stated that the informant has been cross- examined by the public prosecutor after declaring him hostile. There is no likelihood of conviction of the applicant in the instant case. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 25.02.2025 and he is ready to cooperate with Versus Counsel for Applicant(s) : Darwari Lal Counsel for Opposite Party(s) : G.A. Umesh Babu Alias Bablu .....Applicant(s) State of U.P. .....Opposite Party(s) trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. 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 FIR and considering the statement of PW-1, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Umesh Babu Alias Bablu, 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. September 1, 2025 Sumit S BAIL No. 29117 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad