Neutral Citation No. - 2025:AHC:144446 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28859 of 2025 Applicant :- Rahul Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.,Lalit Kumar Misra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satendra Singh, learned counsel for the applicant, Sri Lalit Kumar Mishra, learned counsel for the informant as well as Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.571 of 2024, under Sections 80(2), 85, 351(2) B.N.S. and 3/4 D.P. Act, Police Station- Beta-2 Noida, District- Gautam Buddh 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 13.12.2018, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of a car, Rs.5 lakh cash and golden ornaments as dowry, thereby led her to death on 11.12.2024. 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 one day and there is no explanation of the said delay caused. The cause of death could not be ascertained, as such, viscera of the deceased was preserved. 6. Learned counsel for the applicant has further stated that the truth is that deceased could not conceive and was depressed due to her incapability to bear a child, and as such, she had committed suicide. The applicant himself rushed the deceased to hospital and his family members were present at the time of inquest proceedings. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that deceased was not given any treatment for her sterility before any doctor rather it was the applicant who himself tried to be treated. The deceased was subjected to cruelty for being unable to bear a child. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the admission of learned counsel for the informant that deceased was depressed as she could not bear a child and was not even given any treatment for her sterility and the FIR being delayed by one day, 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. 10. 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 pressurize/intimidate 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. Order Date :- 22.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad