HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1401 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.25 of 2025 under Sections 85, 80(2) BNS, 2023 and Section 3/4 of the Dowry Prohibition Act, Police Station Gosaiganj, District Faizabad/Ayodhya. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that the daughter of the informant was married to Dharmendra Yadav on 10.11.2024. At the time of marriage, the informant, as per his financial capacity, gave sufficient dowry. However, at the time of marriage itself, the accused persons, namely Raj Kumar (father-in-law), Dharmendra Yadav (husband), and his brothers, Dhirendra Yadav and Ramesh Yadav, made a demand for a Swift Desire car as additional dowry. It is further alleged that after the marriage, when the deceased reached her matrimonial home, she was subjected to cruelty and harassment by the named accused persons. The accused persons allegedly used to beat, abuse, and threaten to kill her for non-fulfillment of the said demand. It is further alleged that on 30.11.2024, the deceased was assaulted and tortured for dowry, her jewellery and clothes were snatched, and thereafter the accused persons abandoned her near her parental house and left. On 16.02.2025, when the deceased spoke to her husband over phone, he categorically refused to keep her in his house unless the dowry demand was fulfilled. It is alleged that being mentally and physically harassed, and unable to bear the torture, the deceased committed suicide on 17.02.2025 at about 2:00 p.m. Versus Counsel for Applicant(s) : Onkar Nath Tiwari, Sandeep Tiwari Counsel for Opposite Party(s) : G.A. Ramesh Yadav .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) Learned counsel for the applicant submits that the applicant is serving in the Indian Army and was posted on duty 2-3 months prior to the date of the incident. A copy of the leave certificate of the applicant has been placed on record. It is further submitted that the deceased committed suicide in her parental home on 17.02.2025 and was residing with her parents for about two and a half months prior to her death. The allegations in the prosecution case against the present applicant are general and sweeping in nature; no specific role has been attributed to him. The specific allegations are only against the father-in-law and the husband, Dharmendra Yadav. The cause of death, as per the post-mortem report, is asphyxia as a result of antemortem hanging. It is also submitted that the statement of the applicant has already been recorded by the Investigating Officer through telephone while he was on duty. The applicant is innocent and has been falsely implicated. Learned A.G.A. has opposed the prayer for bail of the applicant. On due consideration of the peculiar facts of the present case, and taking into account the leave certificate of the applicant as well as his statement recorded by the Investigating Officer, it appears that the case of the applicant stands on a different footing from that of the other co-accused persons; the charge-sheet in this case has already been filed and keeping in view the undertaking of the applicant to cooperate in the trial, this Court, in view of the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, finds it appropriate to grant anticipatory bail to the applicant. In view of the above, the applicant, Ramesh Yadav, is directed to surrender before the trial court within twenty days from today. In case of such surrender, the trial court shall enlarge the applicant on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned, subject to the following conditions: (i) The applicant shall not, directly or indirectly, make any 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the Court; (iii) The applicant shall not pressurize or intimidate the prosecution NABAIL No. 1401 of 2025 2 witnesses; (iv) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted by the Court concerned; (v) In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail; (vi) Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made herein for the purpose of granting bail shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. September 25, 2025 Madhu D.R/P.S NABAIL No. 1401 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench