Neutral Citation No. - 2025:AHC:3693 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45828 of 2024 Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Pandey Counsel for Opposite Party :- G.A.,Ravindra Singh Hon'ble Sameer Jain,J. 1. Heard Sri Atul Kumar Pandey, learned counsel for the applicant; Sri Ravindra Singh, learned counsel for the informant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 319 of 2024, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Katghar, District Moradabad, during pendency of the trial in the court below. 3. FIR of the present case was lodged against the applicant and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant on 1.7.2020 and after marriage applicant and his family members tortured her for demand of dowry of Rs. One lakh and on 23.6.2024 informant received information that her daughter has died. 4. Learned counsel for the applicant submitted 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. 5. He further submitted that actually deceased was short tempered lady and she always insisted the applicant to live in her paternal home and only due to this reason some dispute arose between husband and wife and thereafter she hanged herself and after her death FIR has been lodged by her mother. 6. He further submitted that post mortem report of the deceased also suggests that deceased died due to hanging. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 24.6.2024. 8. Per contra, learned AGA as well learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within four and half years of her marriage under abnormal circumstances and there is also allegation of demand of dowry and applicant failed to properly explain her abnormal death and therefore, considering the provisions of sections 304 B IPC and 113 B Indian Evidence Act, applicant should not be released on bail. 9. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Applicant is husband of the deceased and his wife died within four and half years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry of Rs. One lakh. 11. However, post mortem report suggests that deceased died due to hanging, therefore, at this stage, it cannot be said that it is not a case of suicidal death but suicidal death is also an abnormal death and therefore, suicidal death also attracts the provision of section 304 B IPC. 12. However, applicant in para-18 of the affidavit filed in support to the instant bail application tried to explain the alleged suicide committed by his wife by making averment that his wife was a short tempered lady and he used to pressurize the applicant to live in her paternal home and only due to this reason she committed suicide but reason of suicide disclosed by the applicant in the instant bail application appears to be vague. 13. Therefore, considering the facts and circumstances of the case discussed above and the provisions of Section 304 B IPC and 113 of Indian Evidence Act, I am not inclined to release the applicant on bail. 14. Accordingly, the instant bail application stands rejected. 15. 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 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad