HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37171 of 2024 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 133 of 2024, under Sections 85, 80(2) of B.N.S., 2023 and Section 3/4 Dowry Prohibition Act, Police Station Adalhat, District Mirzapur, during the pendency of trial. As per the prosecution case, in brief, complainant-Ajeet Kumar Singh, who is brother of deceased-Mamta, got a first information report lodged on 04.07.2024 against applicant-Anoop Kumar Singh and his family members stating inter alia that marriage of his sister was solemnized with the applicant in the year 2020, but after few days her in-laws started harassing her for dowry. On 03.07.2024 also his sister told her father that her in-laws are demanding dowry. On 03.07.2024 when his father went to meet his sister at about 6:00 A.M., he saw that his sister was lying dead. It is argued by learned counsel for the applicant that the applicant is husband of the deceased and he has been falsely implicated in this case. Referring the statement of father of the deceased it is pointed out that information about the said unfortunate incident was given by the applicant immediately to the parents of the deceased, on which Versus Counsel for Applicant(s) : Ajay Pratap Singh, Lal Mani Singh Counsel for Opposite Party(s) : Surjeet Singh Patel, G.A. Anoop Kumar Singh .....Applicant(s) State of U.P. .....Opposite Party(s) her parents came to her house and got a first information report lodged on 04.07.2024 on the false and concocted allegations. After postmortem of the deceased, cremation of her dead body was also done by the family members of the applicant. It is also pointed out that the deceased died living behind her a male child who is presently aged about 20 months and at present, he is being taken care of by the mother of the applicant who is aged about 70 years. It is next pointed out that during investigation other co-accused Alok Sing, Geeta Devi and Krishna Singh, who are brother-in-law, sister-in-law and nephew (son of brother-in-law of the deceased) have been exonerated as their complicity has been found false. Co-accused Indrawati Devi, who is mother-in-law of the deceased and mother of the applicant, has been granted bail on 08.10.2024 by the concerned court below. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 20.07.2024 having no criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State as well as learned counsel for the informant opposed the prayer for bail of the but they could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per post mortem report, cause of death of the deceased is asphyxia as a result of ante mortem hanging and except the ligature mark no other external injury has been found on the body of the deceased. It is not in dispute that the deceased died leaving behind her a son aged about 20 months, as noted above and no effort has been made from the side of his maternal grandparents to take care of the child. This Court is of the view that the parents are responsible for taking care of the children. Without proper upbringing, their life may be ruined. Record of the case reveals that at this time, mother of the applicant is taking care of his child, therefore, in the interest of justice, this Court feels that the BAIL No. 37171 of 2024 2 applicant should be enlarged on bail. Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. Let the applicant-Anoop Kumar Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 17, 2025 Kashifa BAIL No. 37171 of 2024 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad