Neutral Citation No. - 2025:AHC:83641 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33184 of 2024 Applicant :- Om Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jitendra Pal Singh, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 92 of 2024, under Sections 498-A, 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Bilsanda, District - Pilibhit, during the pendency of trial. 4. As per prosecution story, the marriage of the daughter of the informant was solemnized with the applicant as per Hindu Rites about five years before her death. The applicant and his family members are stated to have subjected her to cruelty for demand of motorcycle and Rs. 1 lakh as dowry, thereby led her to death on 26.03.2024. 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. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim has committed suicide as she was depressed owing to given birth to a baby girl four days prior to her death and the same stands fortified from the fact that the door of the room of the victim was found locked from inside and it was broken open with the help of other family members as is mentioned by Naib Tehsildar, who conducted the inquest proceedings. 7. Learned counsel has further stated that the cause of death of deceased has been found to be asphyxia as a result of ante mortem hanging. It is true that the victim has expired within the precincts of the in-laws' house but the applicant and his family members have nothing to do with the said offence. It is further argued that all the witnesses of fact have been examined and they have turned hostile and have not supported the prosecution story, as such, there is no likelihood of conviction in the matter. 8. Learned counsel has next stated that there is no criminal history of the applicant. The applicant is languishing in jail since 03.04.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned AGA has vehemently opposed the bail application on the ground that the statement of PW-1 was recorded one month before the date of cross-examination when the informant turned hostile but he could not dispute the fact that the room of the deceased person was found locked inside at the time of her death and also the fact that the applicant has no criminal history. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of one day in lodging the FIR, the report of Naib Tehsildar indicating that the room of the victim was found locked from inside and also considering the cause of death of the deceased which has been found to be axphyxia as a result of ante mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Om Prakash, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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