Neutral Citation No. - 2025:AHC:3412 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45411 of 2024 Applicant :- Betu Alias Beetu Parihar Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashwani Kumar Mishra, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.84 of 2024, under Sections 498-A, 304-B and 323 IPC and Section 3/4 Dowry Prohibition Act, Police Station Poonch, District Jhansi during pendency of the trial. 3. FIR of the present case was lodged on 17.4.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the maternal grand daughter of the informant on 10.5.2023 and after marriage applicant and his family members tortured her for demand of motorcycle, buffalo and washing machine. It is further mentioned in the FIR that on 15.4.2024 father-in-law of the deceased informed the informant that the blood pressure of his maternal grand daughter is fluctuating and thereafter when he arrived at her matrimonial home then found that she had died. It is further mentioned in the FIR that applicant and his family members due to want of dowry committed her murder. 4. Learned counsel for the applicant submits that however, applicant is the 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. 5. He further submits that however, deceased died within one year of her marriage but actually she committed suicide by hanging herself as her marriage was solemnized with the applicant against her wishes and she wanted to perform her marriage with some other person and since marriage she did not like the applicant. 6. He further submits that post mortem report of the deceased also suggests that she died due to hanging. 7. He further submits that from the perusal of the inquest report it reflects that at the time of inquest informant and other family members of the deceased were present but in spite of that FIR was lodged after two days from the date of alleged death of the deceased. 8. He next submits that applicant is not having any previous criminal history and in the present matter he is in jail since 18.4.2024, i.e., for almost nine months. 9. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the husband of the deceased and his wife died within a year of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but he could not dispute the fact that after considering the post mortem report prima facie it appears to be a case of suicidal death and applicant is in jail for almost nine months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is the husband of the deceased and his wife died within one year of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but it reflects that deceased died due to hanging and her hyoid bone was found intact therefore, prima facie it appears to be a case of suicidal death and reason of suicide disclosed by the learned counsel for the applicant during the course of argument cannot be completely disbelieved at this stage. 12. Further, from the perusal of the record it reflects that FIR of the present case was lodged after two days and at the time of inquest family members of the deceased including the informant were present. 13. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 18.4.2024, i.e., for almost nine 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-Betu @ Beetu Parihar 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 :- 8.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad