Neutral Citation No. - 2025:AHC:24943 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2667 of 2025 Applicant :- Anshul Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Rakesh Tripathi I Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant, Sri Rajesh Kumar, learned Advocate holding brief of Sri Rakesh Tripathi, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 170 of 2024, under Sections 85, 115(2), 352, 351(2), 351(3), 80 B.N.S. and Section 3/4 D.P. Act, Police Station Bahadurgarh, District Hapur during pendency of the trial. 4. FIR of the present case was lodged on 29.08.2024 against applicant and his family members and according to the FIR marriage of the applicant was solemnized with the daughter of the informant on 24.11.2023 and after marriage applicant and his family members tortured her for demand of Rs. 5 lakhs and four wheeler and on 01.04.2024 they turned her out from her matrimonial home and since then her daughter was living in her paternal home and due to the torture of applicant and his family members on 23.08.2024 she committed suicide by hanging herself. 5. 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. 6. He further submits, actually deceased was not ready to perform marriage with the applicant as she wanted to perform marriage with some other person, therefore, after marriage dispute arose between husband and wife and she left her matrimonial home and started living in her paternal home. 7. He further submits, to bring back his wife i.e. deceased applicant also filed an application under Section 9 of Hindu Marriage Act, which has been annexed at page-32 of the paper- book and only due to above reason she committed suicide. 8. He further submits, as deceased died in her paternal home, therefore, no presumption, at this stage, could be drawn that due to the harassment of the applicant deceased committed suicide. 9. He further submits, deceased died on 23.08.2024 but FIR was lodged on 29.08.2024 i.e. after six days and this delay in lodging the FIR again suggests that actually without any torture of the applicant and his family members due to personal reason she committed suicide but it appears, subsequently after due consultation FIR of the present case was lodged on false facts. 10. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 01.09.2024 i.e. for last more than five months. 11. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted applicant is husband of the deceased and he along with his family members used to tortured her and in this regard deceased earlier also lodged a complaint under Sections 498A IPC and 3/4 D.P. Act and as applicant and his family members turned her out from her matrimonial home, therefore, she had to start living in her paternal home. However, both the counsels could not dispute the fact that deceased committed suicide in her paternal home and FIR of the present case was lodged after six days. 12. They further could not dispute the fact that applicant filed an application under Section 9 of Hindu Marriage Act for restitution of his conjugal rights. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, applicant is husband of the deceased and his wife died within seven years of her marriage under abnormal circumstance and there is also allegation of demand of dowry but it reflects, she died in her paternal home and it is admitted case of the prosecution that she committed suicide. 15. Further, there is delay of six days in lodging the FIR of the present case and informant could not bring any plausible explanation on such delay. Further, however, it reflects, matrimonial dispute was pending between applicant and deceased and in this regard deceased earlier also filed a criminal complaint against him and his family members under Section 498A IPC and Section 3/4 D.P. Act but record further suggests that applicant has also filed an application under Section 9 of Hindu Marriage Act for restitution of conjugal rights, therefore, at this stage, it cannot be said that only because of matrimonial dispute due to demand of dowry and torture deceased committed suicide in her paternal home. 16. Further, as per applicant deceased was against her marriage with the applicant and she wanted to perform marriage with some other person as she was having love affair with him. 17. To buttress his submission, learned counsel for the applicant also filed supplementary affidavit annexing some chats of the deceased with other person. Considering this fact, the defence taken by the applicant in the instant bail application cannot be completely brushed aside at this stage. 18. Further, apart from the present case and complaint case lodged under Section 498A IPC and Section 3/4 D.P. Act, it appears, applicant is not having any criminal history and in the present matter he is in jail since 01.09.2024 i.e. for last more than five months. 19. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 20. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 21. Let the applicant - Anshul 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. 22. 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. 23. 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 :- 20.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad