Neutral Citation No. - 2025:AHC:145241 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34940 of 2024 Applicant :- Rajiv Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri P.K. Singh, Advocate holding brief of Sri Ajay Srivastava, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 90 of 2023, under Sections 498-A, 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Sindhaura, District - Varanasi, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 09.12.2022. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 5 lakhs as dowry thereby leading her to death on 16.06.2023. 5. Learned counsel for the applicant has argued that the applicant is 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 four days and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought and after legal consultations. 6. Learned counsel has also stated that the cause of death of deceased could not be ascertained, as such, her viscera was preserved. As per viscera report, organochloro insecticide has been found in it. The deceased has committed suicide as she was suffering from pulmonary disease as in the postmortem report, several puss pockets were found from the cavity of her lungs. 7. Learned counsel has next contended that it was the second marriage of the deceased person and the applicant was physically handicapped person, as such, he married her. The applicant is languishing in jail since 04.12.2023, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 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. The Supreme Court in the case of Nitish Chauhan vs. State of U.P., AIR 2023 SC 2149, has granted bail to the appellant therein on the ground that the appellant has been in custody for nearly two years four months and only two witnesses had been examined out of 26 prosecution witnesses. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, inordinate delay of four days in lodging the FIR and also considering the postmortem report of the deceased person, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Rajiv, 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:- 22.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad