Neutral Citation No. - 2025:AHC:144496 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28830 of 2025 Applicant :- Sanjay Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Chandra Shekhar, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State. 3. Learned counsel for the applicant could not assist the Court in proper way. Under the circumstances, I myself perused the records with the assistance of learned A.G.A. and perused the case diary. 4. Applicant seeks bail in Case Crime No.11 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Jaspura, District- Banda, during the pendency of trial. 5. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 24.11.2024, and subsequent to it, the applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.5 lakh and golden ring as dowry, thereby led her to death on 23.1.2025. 6. 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 six days and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that the informant was present at the time of inquest proceedings and he was arrayed as Panch witness no.1 in the inquest proceedings, but he had not whispered a single word against the applicant regarding demand of dowry whatsoever at that stage. The inquest proceedings were complete on 24.1.2025 at 13:20 p.m. itself and the FIR has been instituted subsequently as an afterthought after legal consultation. As such, it is a clear cut case of false implication. 8. It is further argued by learned counsel for the applicant that the cause of death was asphyxia as a result of antemortem hanging. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.4.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned A.G.A. has vehemently opposed the bail application. 10. 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 the informant being Panch witness no.1 in the inquest proceedings, 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. 11. Let the applicant- Sanjay Nishad, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad