Neutral Citation No. - 2025:AHC:21706 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1864 of 2025 Applicant :- Rajesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Tripathi,Shre Ram Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Neeraj Kumar Tripathi, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0160 of 2024, under Sections 80(2), 85 BNS & Section 3/4 D.P. Act, Police Station Holagarh, District Prayagraj, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 19.9.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant on 6.12.2020 and after marriage, applicant and his family members tortured her for want of golden chain and bullet motorcycle and due to this reason they committed her murder on 28.7.2024. 4. Learned counsel for the applicant submitted that however applicant is husband of the deceased but he has been falsely made accused in the present matter. 5. He further submitted that deceased died on 28.7.2024 but in spite of that FIR was lodged on 19.9.2024 i.e. after one and half months through an application under section 175(3) BNSS and even application under section 175(3) BNSS was moved on 12.8.2024 i.e. after more than two weeks and therefore, there is inordinate delay in lodging the FIR of the present case and this fact clearly indicates that the FIR is based on false and frivolous facts and actually it is not a case of dowry death. 6. He further submitted that actually applicant was in a job in the State of Haryana and deceased also insisted to live with him and when he could not fulfill her desire then she committed suicide by hanging herself. 7. He further submitted that post mortem report also suggests that deceased died due to hanging. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 30.9.2024. 9. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within four years of her marriage under abnormal circumstances and there is also allegation of demand of dowry but could not dispute the fact FIR of the present case was lodged after one and half months through an application under section 175(3) BNSS and even application under section 175(3) BNSS was moved after two weeks from the alleged incident. 10. He further could not dispute the fact that post mortem report suggests that deceased died due to hanging. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, applicant is husband of the deceased and his wife died within four years of her marriage under abnormal circumstances and there is also allegation of demand of dowry and torture but it appears FIR of the present case was lodged after one and half months through an application under section 175(3) BNSS and even application under section 175(3) BNSS was moved after two weeks from the alleged incident, therefore, there is inordinate delay in lodging the FIR of the present case. 13. Further, post mortem report suggests that deceased died due to hanging, therefore, at this stage, it cannot be said that it is not a case of suicidal death and reasons of suicide disclosed by the applicant in the affidavit filed in support to the instant bail application cannot be brushed aside, at this stage. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 30.9.2024. 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-Rajesh Kumar, 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 :- 14.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad