Neutral Citation No. - 2025:AHC:144731 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28731 of 2025 Applicant :- Pravesh Kumar Opposite Party :- State Of Up Through Secretary For Home Affairs Up At Lucknow Counsel for Applicant :- Hari Keshav,Mayank Singh,Satya Prakash Rai Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Hari Keshav, learned counsel for the applicant, Sri Kuldeep Singh Chahar, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.149 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Malpura, District- Agra, 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 19.4.2019, and subsequent to it, the applicant and other family members are stated to have subjected the deceased to cruelty for demand of a motorcycle as dowry, thereby led her to death on 6.4.2025 at about 05:00 p.m. 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 and half days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the door of room of the deceased was broken open by the applicant and neighbour Devendra Singh and the dead body was retrieved from the ceiling of the room. The deceased was rushed to the hospital by the applicant alongwith said Devendra Singh. It has also come up in the statement of said Devendra Singh that he had informed the informant about the incident at that time only, but he did not institute the FIR promptly rather it has been instituted on the third day at 11:50 a.m. 7. 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 18.4.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned A.G.A. have 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, taking into consideration the delay in institution of FIR and the fact that door of room of the deceased was broken open by the applicant and neighbour Devendra Singh and the dead body was retrieved from the ceiling of the room, 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- Pravesh Kumar, 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