Neutral Citation No. - 2025:AHC:26496 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43098 of 2024 Applicant :- Ravi Yadav @ Ravi Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Shukla Counsel for Opposite Party :- G.A.,Mahendra Tripathi Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Pawan Shukla, learned counsel for the applicant, Dr. S. B. Maurya, learned AGA-I for the State-respondent and Shri Mahendra Tripathi, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0157 of 2024, under Sections 498-A, 304-B IPC & Sections 3/4 D.P. Act, Police Station Sarai Akil, District Kaushambi, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 27.04.2024 against applicant and his parents and according to the FIR, marriage of the applicant was performed with the sister of the informant on 31.01.2023 and after four months of her marriage, applicant and his parents started torturing her for demand of Rs.5,00,000/- and due to their torture, on 27.07.2024, she committed suicide. 5. Learned counsel for the applicant submits that however, applicant is husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter alongwith his parents. 6. He further submits that actually deceased did not want to perform marriage with the applicant as she wanted to perform marriage with some other person and only due to this reason, after marriage she remained under depression. It is further submits, applicant since the year 2023 was also providing medical treatment to her from neuro doctor and her medical prescriptions are annexed alongwith the rejoinder affidavit filed in support of the instant bail application and only due to depression, she committed suicide by hanging herself. 7. He further submits that post-mortem report of the deceased also suggests that she died due to hanging. 8. He further submits that applicant is having no criminal history and he is in jail in the present matter since 29.04.2024 i.e. for last almost ten months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicant is husband of the deceased and his wife died within one and half years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry. 10. They further submit that however, it appears, deceased died due to hanging but suicidal death is also abnormal death and therefore, considering the provisions of Section 304-B I.P.C., applicant should not be released on bail. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. However, applicant is husband of the deceased and his wife died within one and half years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but post-mortem report suggests that she died due to hanging and therefore, at this stage, it canot be said that it is not a case of suicidal death. 13. Further, reason of suicide disclosed by applicant in the instant bail application, cannot be completely ruled out at this stage considering the medical prescriptions of the deceased. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 29.04.2024 i.e. for last almost ten months. 15. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Ravi Yadav @ Ravi Kumar Yadav 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. 19. 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. 20. 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 :- 24.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad