Neutral Citation No. - 2025:AHC:3966 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46621 of 2024 Applicant :- Pravendra Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mahendra Singh, learned counsel for the applicant and Sri Manoj Kumar, learned brief holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 203 of 2024, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station- Dataganj, District- Budaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 09.05.2024 against applicant and his family members and according to FIR, marriage of the applicant was solemnized with the daughter of the informant on 10.05.2023 and after marriage, applicant and his family members tortured her for demand of Rs. one lakh and a buffalo and on 04.05.2024, informant received information that they have committed her murder. 4. Learned counsel for the applicant submitted 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 along with his family members. 5. He further submitted that however, deceased died within one year of her marriage but as she was not happy with her marriage with the applicant, therefore, she committed suicide by hanging herself and after her death, on the basis of false allegation, applicant has been made accused in the present matter. 6. He further submitted that post-mortem report of the deceased also suggests that she died due to hanging. 7. He further submitted that immediately after the incident, applicant informed the informant and police and this fact is evident from the statement of Anil, the brother of the deceased, which has been annexed at page no. 44 of the paper book. He further submitted that after receiving information, informant side arrived at spot and informant of the case was one of the inquest witness but in spite of that, FIR was lodged after five days and this fact again suggests that it is based on false and frivolous facts. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.05.2024 i.e. last almost eight months. 9. Per contra, learned AGA opposed the prayer for bail and submitted 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 could not dispute the fact that post- mortem report of the deceased suggests that she died due to hanging. 10. He further could not dispute the fact that FIR of the present case was lodged after five days and on the information given by applicant, informant and his family members arrived at spot and they also participated in the inquest and informant was one of the inquest witness. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, applicant is the husband of the deceased and his wife died within a year of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but it reflects that FIR of the present case was lodged after five days and on the information give by the applicant, informant and his family members arrived at spot and during inquest, informant of the present case was not only present but he was also one of the inquest witness. 13. Further, from perusal of the post-mortem report, it reflects that deceased died due to hanging, therefore, prima facie it appears to be a case of suicidal death and reason of suicide disclosed by the applicant during the course of argument, cannot be disbelieved at this stage, considering the fact that deceased committed suicide within a year of her marriage. 14. Further, applicant is not having any criminal history and he is in jail in the present matter since 10.05.2024 i.e. for almost eight months. 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- Pravendra 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 :- 8.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad