Neutral Citation No. - 2025:AHC:25682 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2231 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- Dileep Kumar,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Hanuman Prasad Kushwaha, learned counsel for the applicant, Sri Dileep Kumar, learned counsel for the informant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.718 of 2024, under Sections 80, 85, 115(2), 351(3) BNS and Section 4 D.P. Act, Police Station Kotwali Lalitpur, District Lalitpur, during pendency of the trial. 3. FIR of the present case was lodged on 14.08.2024 against applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant on 26.06.2023 and after marriage, he along with his family members tortured her for demand of dowry of Rs.5 Lakhs, a golden chain and a house and due to want of dowry they committed her murder on 13.08.2024. 4. Learned counsel for the applicant submits that however, applicant is husband of the deceased but on the basis of false allegation, he has been made accused in the present matter. 5. He further submits that actually, marriage of the applicant with the deceased was love marriage and she performed marriage with the applicant against the wishes of her family members and as after marriage, they did not support her, therefore, she was under depression and only due to this reason, she committed suicide. 6. He further submits that even from the statement of the witness Smt. Jyoti who was neighbour of the applicant and deceased, it cannot be reflected that applicant harassed the deceased in any manner. He next submits that postmortem report also suggests that deceased died due to hanging. He next submits that applicant is not having any previous criminal history and in the present matter, applicant is in jail since 16.08.2024 i.e. for last more than 6 months. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submits that applicant is husband of the deceased and his wife died within one and a half year of her marriage under abnormal circumstances and there is also allegation of demand of dowry but they could not dispute the fact that deceased died due to hanging, however, both counsels further pointed out that there is no evidence which can suggest that marriage of the deceased with the applicant was her love marriage. 8. However, they further, could not dispute the fact that from the statement of Smt. Jyoti, neighbour of the applicant, it could not be reflected that there was any dispute between husband and wife. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is husband of the deceased and his wife died within one and a half year of her marriage under abnormal circumstances and there is also allegation of demand of dowry but postmortem report of the deceased suggests that she died due to hanging, therefore, prima facie, it appear to be a case of suicidal death. 11. Further, as per the statement of Smt. Jyoti, the neighbour of the applicant and deceased, they never quarreled with each other. Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 16.08.2024 i.e. for last more than 6 months. 12. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Amit Kumar be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.2.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad