Neutral Citation No. - 2025:AHC:145963 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28976 of 2025 Applicant :- Akhilesh Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sushil Kumar Dwivedi, learned counsel for the applicant, 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.110 of 2025, under Sections 85, 80 B.N.S. and 3/4 D.P. Act, Police Station Baberu, District Banda, 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 12.05.2019 and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby led her to death on 02.04.2025. 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 two days and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons including the applicant. 6. Learned counsel for the applicant has further stated that it is nowhere mentioned as to what was demanded as dowry. The applicant, as a bona fide act, had informed the family members of the informant and they were very much present at the time of inquest proceedings. The informant is panch witness no.4 in the said inquest proceedings and he has not whispered a single word about demand of dowry at that stage. 7. Learned counsel for the applicant has also stated that the cause of death was asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 05.04.2025 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. Learned A.G.A. 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, taking into consideration the delay in institution of FIR and the fact that the informant was present at the time of 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. 10. Let the applicant- Akhilesh Vishwakarma, 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. 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 :- 23.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad