HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28994 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Nitin Sharma, Sri Ankit Agarval, learned counsels for the applicant and Sri Atharva Dixit, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No.319 of 2025, under Sections 85, 80(2), 115(2), 352 B.N.S. and 3/4 D.P. Act, Police Station Saradana, District Meerut, during the pendency of trial. PROSECUTION STORY: 4. The marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 10.05.2022 and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Creta car as dowry, thereby led her to death on 25.05.2025. ARGUMENTS ON BEHALF OF APPLICANT: 5. The applicant is absolutely innocent and has been falsely implicated in the present case. 6. The FIR is delayed by more than ten hours and there is no explanation of Versus Counsel for Applicant(s) : Ankit Agarval, Ankur Tyagi, Nitin Sharma Counsel for Opposite Party(s) : Atharva Dixit, G.A., Kartikeya Shukla, Kumud Kumar, Pranav Tiwary, Sanjay Pandey Sandeep Alias Vivek Tyagi .....Applicant(s) State of U.P. .....Opposite Party(s) the said delay caused. 7. The delay herein gets more significance as the inquest proceedings of the deceased person were complete on 25.05.2025 by 12:30 p.m. and the informant has instituted the FIR about seven hours after the inquest proceedings. There is no explanation of the said delay caused either. 8. The informant did not whisper a single word about demand of dowry at that stage. 9. The deceased was not satisfied with the marriage, as such, has committed suicide. The cause of death was asphyxia as a result of ante-mortem hanging, although two Vertebrae of her neck were found broken. 10. Earlier on also, an application for demand of dowry has been given by the deceased herself, whereby the allegations of demand of dowry are altogether different. In that application, a Swift car and Rs.10 lakhs were demanded by the applicant, while herein the allegations have been changed to Creta car. 11. There is no criminal history of the applicant. The applicant is languishing in jail since 26.05.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT: 12. There is fracture of two Vertebrae in the neck of the deceased person which indicates that it is not a plain case of hanging. 13. Much reliance has been placed on the condition of dead body of the deceased person, whereby her feet was found suspended to the ground and her knees were touching the cot, as such, it is a case of strangulation and not hanging. 14. The said ground of the deceased being dissatisfied with the marriage does not carry any weight in the instant case as already about three years had passed from the date of marriage, as such, it is a clear-cut case of deceased being subjected to cruelty and put to death by the applicant and other family members. BAIL No. 28994 of 2025 2 CONCLUSION: 15. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the FIR was instituted after a delay of about seven hours from the inquest proceedings and about ten hours from the incident 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. 16. Let the applicant- Sandeep Alias Vivek Tyagi involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 17. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 18. 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. September 1, 2025 (Ravi Kant) BAIL No. 28994 of 2025 3 (Krishan Pahal, J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad