Neutral Citation No. - 2025:AHC:11778 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45243 of 2024 Applicant :- Phoolchand Alias Sautam Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- Alauddin,Fakhruddin,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri V.P. Chaturvedi, learned counsel for the applicant, Sri Alauddin, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 176 of 2024, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Shohratgarh, District Siddharth Nagar during pendency of the trial. 3. FIR of the present case was lodged on 08.08.2024 against applicant and his family members and according to the FIR marriage of the applicant was solemnized with the daughter of the informant about two years before and since marriage, applicant and his family members tortured her and on 07.08.2024 they committed her murder. 4. Learned counsel for the applicant submits, 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, even from the FIR it reflects that it is based on vague allegation of demand of dowry and in the FIR there is no specific allegation that what was the demand of dowry. 6. He further submits, however, during investigation when the statement of the informant was recorded then he stated that there was demand of Rs. 2 lakhs but this fact suggests that subsequently he developed the story of demand of Rs. 2 lakhs, therefore, no reliance can be placed on his statement recorded during investigation. 7. He further submits, actually deceased even after her marriage used to reside most of the time in her paternal home and before her death she attended the function in her matrimonial home but after coming from her paternal home she again insisted to visit her paternal home and due to this reason dispute arose between husband and wife and thereafter in anger she hanged herself. He further submits, post mortem report also suggests that deceased died due to hanging. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 10.08.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within two years of her marriage in her matrimonial home under abnormal circumstances but they could not dispute the fact that in the FIR informant could not disclose what was demand of dowry, however, they further pointed out that during investigation he has disclosed that there was demand of Rs. 2 lakhs. They further could not dispute the fact that deceased died due to hanging. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is husband of the deceased and his wife died within two years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but it reflects that there is no specific demand of dowry could be disclosed by the informant in the FIR. 12. Further, however, in his statement recorded during investigation informant disclosed that there was demand of Rs. 2 lakhs but the argument advanced by learned counsel for the applicant that subsequently he developed a story with regard to demand of Rs. 2 lakhs and actually it is not a case of dowry death, cannot be ruled out at this stage. 13. Further, from the post mortem, it reflects, deceased died due to hanging, therefore, prima facie it appears to be a case of suicidal death. 14. Further, applicant is not having any criminal history and in the present matter he is in jail since 10.08.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Phoolchand @ Sautam 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. 18. 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. 19. 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 :- 23.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad