Neutral Citation No. - 2025:AHC:111225 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35735 of 2024 Applicant :- Pankaj Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Priyanka Singh,Rajesh Kumar Yadav,Sheel Kumar Singh,Sher Bahadur Yadav,Yogesh Kumar Counsel for Opposite Party :- Amit Kumar Tiwari,G.A.,Pranesh Kumar Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Kumar Yadav and Sri Sheel Kumar Singh, learned counsels for the applicant and Sri Amit Kumar Tiwari, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 64 of 2024, under Sections 498-A, 304-B, 504, 507 of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Koraon, District - Prayagraj, 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 in the month of April, 2020. The applicant and other family members are stated to have subjected her to cruelty for a demand of apache motorcycle and Rs. 02 lakhs as dowry thereby leading her to death on 20.03.2024 at 01:56 PM. 5. Learned counsel for the applicant has argued that the applicant 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 applicant has a strong alibi as he was posted in Mumbai and was attending to his job at the relevant time of offence. The said fact stands fortified from the statement of P.W.- 1, who has stated during his cross-examination that at the time of offence, the applicant was at Mumbai. Even the said witness has not nominated the applicant as actual perpetrator of crime. 7. Learned counsel has further stated that although there are general and omnibus allegations of demand of dowry against all the accused persons but the applicant has been falsely implicated in the case. It is also argued that only two prosecution witnesses have been examined in court to date, as such, there is no likelihood of early conclusion of trial in near future as it is moving at a snail's pace. 8. Learned counsel has next contended that the applicant is languishing in jail since 03.04.2024, 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. 9. Per contra, learned counsel for the informant as well as learned AGA have 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the statement of P.W. - 1 who has categorically stated that the applicant was not present at the time of offence coupled by the fact that the applicant is in jail for more than one year, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Pankaj Kumar Yadav, 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:- 11.7.2025/Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad