Neutral Citation No. - 2025:AHC:111410 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34841 of 2024 Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- Anvir Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant. 2. Heard Sri Krishna Dutt Awasthi, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 235 of 2023, under Sections 498-A, 304-B of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station- Ervakatara, District - Auraiya, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant has been examined during trial as PW- 1 and he has denied the prosecution story during his cross- examination and has rather stated that his daughter did not inform about the demand of dowry by the applicant. Although his statement was intact in examination-in-chief and in cross- examination. 5. Learned counsel has also stated that the other witnesses have been examined as P.W. 2 and P.W. 3 in court and have not supported the prosecution story. They have completely resiled from their earlier statement given to the I.O. and the allegations of the FIR. The witnesses have been cross-examined by the public prosecutor after declaring them hostile. There is no possibility of conviction in the present case under the circumstances. 6. Learned counsel has further stated that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.11.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and also the fact that the informant has denied the prosecution story and the other witnesses have turned hostile. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and also the fact that the informant has denied the prosecution story and the other witnesses have turned hostile, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Sumit, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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