HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34859 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned Counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 340 of 2024, under Sections 498-A, 306 I.P.C., and under Section 3/4 of D.P. Act, Police Station- Izzat Nagar, District- Bareilly during pendency of the trial. 3. Counsel for the applicant submits that the applicant is the brother-in-law (Devar) of the deceased and has been falsely implicated in the present case. According to the postmortem report, cause of death is asphexia due to antemortem hanging. It is next contended that as per the allegations in the first information report and material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out against the applicant. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the cases of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on 17.01.2025 and Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025. The applicant neither demanded any dowry nor harassed the deceased. Further, the husband of the deceased namely Ravi @ Rajendr Kumar Srivastava has been granted bail by this Court vide order dated 17.9.2024 passed in Versus Counsel for Applicant(s) : Amrendra Nath Rai, Sanjay Singh Counsel for Opposite Party(s) : G.A. Rahul Srivastava .....Applicant(s) State of U.P. .....Opposite Party(s) Criminal Misc. Bail Application No. 28076 of 2024. The applicant claims parity. The applicant is in jail since 10.6.2025 having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that according to the postmortem report, cause of death is asphexia due to antemortem hanging. The necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out against the applicant. The husband of the deceased namely Ravi @ Rajendr Kumar Srivastava has been granted bail by this Court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for almost four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Rahul Srivastava involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 10, 2025 S.S. BAIL No. 34859 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad