HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31320 of 2024 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Akhilesh, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.557 of 2023, under Sections 498-A, 323, 304-B I.P.C. and 3/4 D.P. Act, Police Station Gandhi Park, District Aligarh, 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 11.12.2020 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 23.09.2023 at about 8:00 p.m. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed and there is no explanation of the said delay caused. He has nothing to do with the said offence. The cause of death is asphyxia as a result of ante-mortem hanging. The co-accused person has been exonerated by the police, as such, all the allegations stand fortified. 6. Learned counsel for the applicant has further stated that the applicant is a taxi driver and used to drink and the deceased has committed suicide peeved by the said act of drinking of the applicant. The trial is moving at a snail's pace. The applicant is languishing in jail since 25.09.2023, as such, he is incarcerated for about two years. There is no criminal history of the applicant. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 8. This Court had called for the status of trial from the concerned Trial Court. As per Versus Counsel for Applicant(s) : Akhilesh Counsel for Opposite Party(s) : G.A. Vishal .....Applicant(s) State of U.P. .....Opposite Party(s) the said status report dated 02.08.2025, no witness has been examined to date. 9. The Supreme Court in the case of Nitish Chauhan vs. State of U.P., AIR 2023 SC 2149, has granted bail to the appellant therein on the ground that the appellant has been in custody for nearly two years four months and only two witnesses had been examined out of twenty six prosecution witnesses. 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 period of incarceration of the applicant and the fact that no witness has been examined to date, 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- Vishal, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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. (Krishan Pahal,J.) September 8, 2025 (Ravi Kant) BAIL No. 31320 of 2024 2 Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad