Neutral Citation No. - 2025:AHC:20616 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2831 of 2025 Applicant :- Harveer Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Abhay Mishra, learned counsel for the applicant and Sri Ajeet Madhesia, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 422 of 2024, under Section 108 B.N.S., Police Station Bahjoi, District Sambhal during pendency of the trial. 3. FIR of the present case was lodged on 08.08.2024 under Sections 80(2), 85 B.N .S. and Section 3/4 D.P. Act against the applicant and his two other family members and according to the FIR marriage of the applicant was solemnized with the daughter of the informant about six years before and after marriage applicant and his family members tortured her for demand of a Buffalo and Rs. 20,000/- and due to the non fulfillment of their demand on 06.08.2024 they committed her murder. It is further mentioned in the FIR that at the time of incident deceased was having pregnancy of six months. 4. Learned counsel for the applicant submits, initially FIR of the present case was lodged for offence under Section 80(2) B.N.S. but when during investigation it was found that actually marriage of the deceased was solemnized with the applicant beyond seven years then case was converted under Section 108 B.N.S. 5. He further submits, however, applicant is husband of the deceased but except the bald allegation of demand of dowry, there is no cogent evidence in this regard against the applicant on record, therefore, it appears, there is no cogent evidence of abetment against the applicant. 6. He further submits, deceased was pregnant, therefore, on the date of incident on some matrimonial dispute she became hyper and in rash she committed suicide by hanging herself and only being her husband applicant subsequently has been made accused in the present matter. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 28.08.2024 i.e. for almost six months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, initially FIR of the present case was lodged under Section 80(2) B.N.S. but during investigation when it was found that actually deceased committed suicide and her marriage was solemnized beyond seven years then case was converted under Section 108 B.N.S. 11. Further, however, as per prosecution, applicant used to torture the deceased i.e. his wife for want of dowry but except the bald and verbal allegation there is no cogent evidence in this regard on record and considering this fact, the argument advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant on record, cannot be ruled out at this stage. 12. Further, considering the fact that it is an admitted case of suicide, the reason of suicide disclosed by the learned counsel for the applicant during the course of argument, cannot be completely ruled out at this stage. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 28.08.2024 i.e. for almost six 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 - Harveer 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 :- 13.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad