Neutral Citation No. - 2025:AHC:83659 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33516 of 2024 Applicant :- Bhole Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Bajpai Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satish Kumar Mishra, Advocate holding brief of Sri Arun Kumar Bajpai, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 19 of 2024, under Sections 304-B, 498-A of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Chandpur, District - Fatehpur, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant with the daughter of the informant was solemnized as per Hindu Rites on 04.12.2022. There are allegations that the applicant and other family members used to subject her to cruelty for demand of motorcycle, gold chain and a buffalo as dowry thereby led her to death on 02.02.2024. 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 cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. 6. Learned counsel has also stated that the informant was informed about the said death on 02.02.2024 at about 07:00 PM by police. It is argued that since the informant had the knowledge of the death of his daughter on 02.02.2024 but he did not care to institute the FIR and the same has been instituted on 22.02.2024 after legal consultations which itself is delayed by about 20 days and there is no explanation of the said delay caused. 7. Learned counsel has next stated that there is no criminal history of the applicant. The applicant is languishing in jail since 22.03.2024 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, delay of 20 days in lodging the FIR coupled by the fact that the cause of death was found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Bhole Nishad, 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