Neutral Citation No. - 2025:AHC:63456 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3055 of 2025 Applicant :- Jayram Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Singh,Somdev Dixit Counsel for Opposite Party :- G.A.,Mohd. Ishraque Farooqui,Shailendra Hon'ble Sameer Jain,J. 1. Heard Sri Atul Kumar Singh and Sri Somdev Dixit, learned counsels for the applicant, Sri Mohd. Ishraque Farooqui, learned counsel for the informant and Sri Santosh Pandey, 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. 199 of 2024, under Sections 85, 108, 191(2) BNS and 3/4 D.P. Act, Police Station- Matsaina, District- Firozabad, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 23.09.2024 against applicant and his family members and according to FIR, marriage of the applicant was solemnized with the daughter of the informant on 29.06.2017 and after marriage, applicant and his family members tortured her for demand of dowry and for want of dowry, on 22.09.2024, they made assault upon her and subsequently, her dead body was found in hanging state from a tree. 4. Learned counsels for the applicant submitted that initially FIR of the present case was lodged under Section 105 BNS and other Sections but during investigation, when it was found that actually, it is a case of suicidal death and deceased died beyond 7 years of her marriage then case was converted under Section 108 BNS. 5. They further submitted that except the bald and verbal allegation of torture, there is no cogent evidence of abatement against the applicant on record. 6. They further submitted that from the FIR and statements of the witnesses recorded during investigation, it reflects that on the basis of vague allegation of demand of dowry, applicant has been roped in the present matter. 7. They further submitted that actually financial condition of the applicant was very poor and due to bad financial condition of applicant his wife i.e. deceased was under depression and due to this reason, she committed suicide. 8. They further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 09.10.2024 i.e. for last more than 6 months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the husband of the deceased and there is specific allegation that he along with his family members tortured her for demand of dowry, therefore, it cannot be said that he is innocent but both the counsels could not dispute the fact that neither in the FIR nor in his statement informant could disclose what was the demand of dowry. 10. I have heard about the parties and the rules to the record of the case. 11. From the record, it reflects, initially FIR of the present case was lodged under Section 105 BNS and other Sections but during investigation, when it was found that actually deceased committed suicide and she died beyond 7 years of her marriage then case was converted under Section 108 BNS. 12. Further, however, as per allegation, due to torture of applicant and his family members for demand of dowry, deceased committed suicide but allegation of demand of dowry made in the FIR and in the statement of the informant appears to be vague. 13. Further, as per applicant, as his financial condition was very bad, therefore, due to this reason his wife committed suicide. The defence taken by applicant in the instant bail application cannot be completely ruled out at this stage. 14. Further, applicant is not having any criminal history and in the present matter, he is in jail since 09.10.2024 i.e. for last more than six 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- Jayram 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 :- 24.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad