HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12609 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Counter affidavit filed by learned counsel for the complainant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.196 of 2024, under Sections 85, 80, 351(2), 351(3) of BNS and Sections 3/4 of D.P. Act, P.S. Kundwar, District Sultanpur. 4. In the prosecution case it is alleged that younger sister of the informant aged about 25 years was married on 22.05.2018 with the applicant. Enough dowry was given in the marriage however in-laws of the deceased were not happy with the dowry given in the marriage and after marriage a bullet motor-cycle as well as Rs.5,00,000/- was continuously demanded by her in-laws. It is further alleged that on 12.07.2024 at about 1 o'clock, the applicant informed the complainant side that deceased has died. 5. Learned counsel for the applicant submits that general and sweeping allegations have been made by the complainant in his statement under Sections 161 Cr.P.C. The cause of death is asphyxia as a result of ante Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A., Pintoo Amar Bahadur .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. .....Opposite Party(s) mortem hanging. The ante mortem injuries are linked with the ligature mark as well as the hanging. He submits that deceased committed sucicide. Applicant has no criminal history. He submits that while filing charge-sheet, the Investigating Officer has dropped the name of co- accused persons except the applicant and Ram Bahore. He submits that the applicant is in jail since 16.07.2024. 6. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. 7. Learned counsel for the complainant submits that the door was locked from the outside and dead body was found hanging inside the house, therefore, the complicity of the applicant is evident. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 16.07.2024 having no criminal history, charge-sheet has been filed, complainant in his statement under Section 161 Cr.P.C. has levelled general and sweeping allegations against all the accused persons without making any specific allegation against any of the co-accused persons prima facie there appears to be no material to show that deceased was subjected to cruelty relating to demand of dowry soon before her death and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Amar Bahadur be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 to any police BAIL No. 12609 of 2024 2 officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). September 1, 2025 Saurabh Yadav/- BAIL No. 12609 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench