HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9031 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.303 of 2024, under Section 498A, 304B, 323, 302, 201 IPC & Section 3/4 of D.P. Act, P.S. Kotwali Dehat, District Bahraich. 3. In terms of the FIR it was alleged that daughter of the informant was married to the applicant around four years ago and substantial dowry was also given, however, she was being harassed for non-payment of dowry. It was also stated that the victim and the applicant who are husband and wife, had a child. Subsequently, it was alleged that she was beaten up and killed and the body was disposed off and a wrong information was given that she was missing from home. Subsequently, body of an unknown female was recovered which was identified as the daughter of the informant. Postmortem report on record indicates as many as four injuries on the body of the deceased which are also the cause of death. Victim was also pregnant. 4. In the light of the said, learned counsel for the applicant argues that apart from the apprehension expressed, there are no eyewitness to the incident. There is no material to suggest last seen theory as against the applicant and no recovery has been effected from the applicant. It is further argued that the applicant is in custody since 08.07.2024 and even Versus Counsel for Applicant(s) : Manoj Kumar Singh, Kunwar Prithvi Tomar Counsel for Opposite Party(s) : G.A. Sanjay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) the charge has not been framed and the case is fixed for 25.11.2025 for framing of charge. The applicant has no criminal antecedents. 5. Learned AGA has opposed the bail application by arguing that the applicant is husband and the dead body of the wife was found with an intent to conceal the offence, thus, considering the gravity of the offence and the fact that he victim was pregnant carrying a fetus of four months, no good ground for bail is made out. It is, however, not disputed that the applicant has no criminal antecedents. 6. Although, the presumption under Section 304B IPC is available against the applicant who is the husband, it cannot be ignored that the applicant has suffered 1 & 1/2 year of detention and even charge has not been framed, thus, there is no likelihood of the trial being concluded in the near future. 7. Considering the pre-trial detention suffered by the applicant of about 1 & 1/2 year and the fact that the applicant has no criminal antecedents, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Sanjay be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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 officer or tamper with the evidence. November 14, 2025 nishant BAIL No. 9031 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench