Neutral Citation No. - 2025:AHC:83702 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35028 of 2024 Applicant :- Pramod Sachan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Sharma,Swati Agrawal Srivastava Counsel for Opposite Party :- Anand Mohan Pandey,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Learned counsel for the informant is not present. 2. Heard Sri Pradeep Kumar Sharma, learned counsel for the applicants, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.138 of 2024, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station Kurara, District Hamirpur, during the pendency of trial. 4. As per prosecution story, the marriage of the son of the applicants was solemnized with the sister/deceased of the informant as per Hindu Rites on 15.10.2018 and heavy amount of cash and pleasantries were exchanged at the time of said marriage. 5. Subsequent to it, the applicants and other family members are stated to have subjected the deceased to cruelty for demand of Rs.5 lakhs and a Maruti Baleno car as dowry, thereby led her to death on 22.04.2024. 6. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. The FIR is delayed by about five days and there is no explanation of the said delay caused. The deceased had consumed some pesticide as is evident from the forensic report, which indicates that organochloro pesticide was recovered from the viscera of the deceased person. 7. Learned counsel for the applicants has further argued that the inquest proceeding of the deceased was done on 22.04.2024 itself and the same was complete by 8:45 p.m. the same day. The informant is witness no.1 in the inquest proceedings, as such, he was present at the time of said proceedings and he has not whispered a single word against the applicants or any of the co-accused persons regarding the said offence being committed by them. There is no criminal history of the applicants. The applicants are languishing in jail since 10.03.2024 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application on the ground that the cause of death could not be ascertained, as such, viscera was preserved and organochloro pesticide was found from the viscera of the deceased. She has died within the precincts of the house of the applicants. 9. In addition to it, learned State Law Officer has further stated that there is a suicide note of the deceased person, whereby she has categorically stated that all the family members are responsible for her death. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR and the fact that the said suicide note does not mention the overt act assigned to the applicants or any other co-accused person coupled with the fact that the informant was panch witness no.1 in the inquest proceedings, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 11. Let the applicants- Pramod Sachan and Urmila Sachan, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall 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 applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. Order Date :- 19.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad