Neutral Citation No. - 2025:AHC:83624 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31867 of 2024 Applicant :- Om Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary and rejoinder affidavits filed today by the learned counsel for the applicant are taken on record. 2. Heard Sri Ajay Kumar Vashistha, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 136 of 2024, under Sections 304-B & 498-A of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Musajhag, District - Budaun, during the pendency of trial. 4. As per prosecution story, the applicant is the father-in-law of the victim. The allegations are that the victim, who is the daughter of the informant, was married to the son of the applicant as per Hindu Rites on 24.11.2023. The applicant and other family members are stated to have subjected her to cruelty for a demand of gold chain and a ring as dowry thereby led her to death on 10.05.2024. 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 as alleged in the FIR. 6. Learned counsel has also stated that the allegations are per se false. The applicant was not present at the time of offence and the said fact stands admitted in the informant's statement whose statement was recorded in court as PW-1. The case of the applicant is at a different footing to the case of the husband of the victim as the applicant was not present at the place of occurrence three days' prior to the incident. 7. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 24.05.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that the applicant was not present at the alleged time and place of occurrence and the same stands admitted by the informant in his statement recorded in court as PW-1, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Om Pal, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 19.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad