Neutral Citation No. - 2025:AHC:23957 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46374 of 2024 Applicant :- Laxmikant Alias Bhola Kumar Kol Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Dwivedi,Vinod Kumar Ojha Counsel for Opposite Party :- G.A.,Peeyush Kumar Pathak,Prateeyush Kumar Pathak,Wasim Masood Hon'ble Sameer Jain,J. 1. Heard Sri Vinod Kumar Ojha, learned counsel for the applicant, Sri Peeyush Kumar Pathak, learned counsel for the informant and Sri S.B. Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.113 of 2024, under Sections 498A, 323, 504, 304B IPC and Section 3/4 D.P. Act, Police Station Khiri, District Prayagraj during pendency of the trial. 3. FIR of the present case was lodged on 20.06.2024 against the applicant and his family members and according to FIR marriage of the applicant was solemnized with the sister of the informant in May, 2018 and after marriage applicant and his family members tortured her for demand of motorcycle and on 17.06.2024 they committed her murder due to want of dowry. 4. Learned counsel for the applicant submits, 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 along with his family members. 5. He next submits, admittedly deceased died beyond six years of her marriage and therefore, it is hard to believe that even after six years of her marriage she was subjected to cruelty due to want of dowry and therefore, it appears FIR of the present case is based on false facts and actually it is not a case of dowry death. 6. He next submits actually deceased was short tempered lady and on minor matrimonial issue she very often became hyper and on the date of incident on some minor matrimonial dispute she became hyper and in rash she committed suicide by handing herself. 7. He further submits that postmortem report of the deceased also suggest that she died due to hanging. 8. He further submits that applicant is not having any criminal history and in the present matter applicant is in jail since 23.06.2024. i.e. for last almost eight months. 9. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within seven years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but they could not dispute the fact that deceased died beyond six years of her marriage and as per autopsy report she 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 seven years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but considering the fact that deceased died after six years of her marriage the argument advanced by learned counsel for the applicant that it is improbable that even after six years of her marriage she was subjected to cruelty due to want of dowry cannot be ruled out at this stage. 12. Further, postmortem report suggest that deceased died due to hanging, therefore, at this stage it cannot be said that it is not a case of suicidal death and reason of suicide disclosed by the applicant in the instant bail application cannot be completely brushed aside at this stage. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 23.06.2024. i.e. for last almost eight months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant -Laxmikant Alias Bhola Kumar Kol 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. 17. 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. 18. 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 :- 19.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad