Neutral Citation No. - 2025:AHC:66160 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5410 of 2025 Applicant :- Brajesh Opposite Party :- State of U.P. Counsel for Applicant :- Hardev Prajapati Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Hari Om Rai, learned Advocate holding brief of Sri Hardev Prajapati, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 188 of 2024, under Section 302 IPC, Police Station Soron, District Kasganj during pendency of the trial. 4. FIR of the present case was lodged on 24.04.2024 against applicant and his family members under Sections 498A, 304B IPC and Section 3/4 D.P. Act and according to the FIR marriage of the sister of the informant was solemnized with the applicant about three years before and after marriage applicant and his family members tortured her for additional demand of dowry and on 22.04.2024 at about 10.00 AM in the morning they informed the informant about the death of his sister. 5. Learned counsel for the applicant submits, initially FIR of the present case was lodged under Sections 498A, 304B IPC and Section 3/4 D.P. Act but during investigation case was converted under Section 302 IPC. 6. He further submits, however, applicant is husband of the deceased and as per prosecution he committed the murder of his wife and according to the autopsy surgeon also wife of the applicant died due to strangulation but entire allegation leveled against the applicant is totally false. 7. He further submits, actually applicant used to work outside from his native place and his wife always insisted to live with him but applicant was not able to fulfill her demand, therefore, some dispute arose between husband and wife and when applicant was in the field along with his family members then behind them, she committed suicide by hanging herself. 8. He further submits, from the post mortem report also it reflects, deceased sustained only single ligature mark and although autopsy surgeon opined that she died due to strangulation but strangulation can also be found in the case of suicide. He placed reliance on the Medical Jurisprudence of Modi 26th Edition. 9. He further submits, even from the FIR and other material available on record, it reflects only vague allegation of demand of dowry has been made against applicant and others and this fact again indicate their innocence. 10. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 24.06.2024. 11. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died due to strangulation in his home and prima facie it appears to be a case of homicidal death and there is no evidence that at the time of incident applicant was not present in his home rather as per material available on record at the time of incident applicant was present in his home. Learned AGA further submits, at this stage, it cannot be said that the alleged strangulation was suicidal, therefore, considering the facts of the case, applicant should not be released on bail. 12. I have heard learned counsel for the parties and perused the record of the case. 13. Applicant is husband of the deceased and as per allegation he committed the murder of his wife along with his family members as her family members did not fulfill their demand of dowry and from the post mortem report it reflects, deceased died due to strangulation. 14. However, as per learned counsel for the applicant at the time of incident applicant was not present at his home and he was in the field along with his family members but except the bald and vague averment made in the instant bail application, there is no other evidence in this regard on record. 15. Further, as per applicant deceased committed suicide by hanging herself as some matrimonial dispute was pending between husband and wife and according to learned counsel for the applicant even according to Modi Jurisprudence death by strangulation can also be suicidal death but even as per Modi Jurisprudence, which was produced by learned counsel for the applicant during the course of argument, it reflects, only in rare cases strangulation can be suicidal, therefore, it cannot be said that it was a case of suicidal death. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 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 :- 29.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad