Neutral Citation No. - 2025:AHC:14000 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44872 of 2024 Applicant :- Rakesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Chandan Yadav,Dipanshu Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record. 2. The present second bail application has been filed on behalf of the applicant in Case Crime No. 06 of 2024, under Sections - 498- A, 304-B I.P.C. and Section - 3/4 Dowry Prohibition Act, Police Station - Patherwa, District - Kushinagar, with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court vide order dated 08.04.2024, passed in Criminal Misc. Bail Application No. 12500 of 2024. 3. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is husband of the deceased and their marriage has taken place on 06.05.2017. The allegation of dowry demand and harassment of deceased levelled against applicant are wholly false. It was submitted that deceased has committed suicide only due to minor issue. In postmortem report, except ligature mark, no injury has been shown on the body of deceased and cause of death has been shown asphyxia, due to ante-mortem hanging. It is further submitted by learned counsel that after rejection of first bail application of applicant, P.W.-1 Surendra Sharma, who is father of deceased, and P.W.-2 Vinod Sharma, have been examined and they have not supported the prosecution version and turned hostile. P.W.-1/informant has clearly denied the prosecution version regarding dowry demand and harassment of deceased. Lastly, it was submitted that applicant is languishing in jail since 10.01.2024 and that there are number of witnesses, who are yet to be examined, and thus, trial of the case would take sufficient long time. It was also stated that the applicant has no criminal history. 4. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is husband of deceased, who has suffered unnatural death within seven years of her marriage. 5. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits of the matter, a case for bail is made out. 6. Let the applicant - Rakesh Sharma involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: (i) The applicant will not tamper with the evidence during trial. (ii) The applicant will not pressurize/intimidate the prosecution witnesses. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 7. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 27.1.2025/S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad