Neutral Citation No. - 2025:AHC:117872 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31380 of 2024 Applicant :- Akshay Yadav Alias Rishabh Alias Govind Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- Birendra Kumar Mishra,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Upendra Upadhyay, learned counsel for the applicant and Sri Birendra Kumar Mishra, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 244 of 2023, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Malawan, District Etah, during the pendency of trial. 4. As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Hindu rites on 24.01.2022. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.20 lacs and a plot thereby led her to death on 26.12.2023 by strangulating her. 5. Learned Senior Counsel appearing on behalf of the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He is the husband of the deceased person and has nothing to do with the said offence as alleged in the FIR. The FIR is false as the cause of death has been found to be asphyxia as a result of ante mortem hanging. 6. Learned Senior Counsel has further stated that the deceased was found gravid and she was pregnant. The FIR itself indicates that the applicant, who is a Constable in Provincial Arms Constabulary, had dropped the deceased at his paternal house on 12.12.2023 and was attending to his duties. 7. Learned Senior Counsel has placed reliance on the R.T.I. which has been filed as Annexure-6 to the affidavit, which indicates that on 26.12.2023, applicant was attending to his duties as Santari from 6 a.m. to 9 a.m. at Orai, Jalaun and as such, there was no possibility for him to be present at the place of occurrence. Both the places are more than 150 kms. apart. It is a clear cut case of false implication. 8. Learned Senior Counsel has next argued that even the allegations that Hyundai car was given as a present at the time of marriage is false as it has come in the statement of the informant itself that he had given Rs. ten lacs to the applicant and he had used the said money elsewhere and had taken a Hyundai car on loan, as such prosecution story of giving any dowry at the time of marriage also stands falsified. 9. Learned Senior Counsel has further stated that the informant himself is a Sub-Inspector in police as such he has used his clout to get another FIR instituted against the applicant having FIR No.294 of 2024 for a no injury case in the jail premises. 10. There is no criminal history of the applicant. The applicant is languishing in jail since 24.01.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that duty of the applicant was over at 9 a.m. itself and there was every possibility for him to be present at the place of occurrence and commit the said offence but he could not dispute the fact that the cause of death has been found to be asphyxia as a result of ante mortem hanging. 12. Learned counsel for the informant has also placed reliance on the photo dead body of the deceased person which has been annexed in the inquest documents by the Investigating Officer which indicates that there are several rashes on the abdomen and palm of the deceased person, as such it is a clear cut case of causing death of the deceased person within the precincts of house of the applicant and he is not entitled for bail. 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the alibi of the applicant being present at P.A.C., Orai, Jalaun at the time of offence, coupled by the fact that the cause of death was found to be asphyxia as a result of ante mortem hanging and there is no previous criminal history of the applicant except the FIR instituted in the jail premises, I find it a fit case to release the applicant on bail. The bail application is allowed. 14. Let the applicant- Akshay Yadav Alias Rishabh Alias Govind, 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 the 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. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. 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 :- 21.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad