Neutral Citation No. - 2025:AHC:86459 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5979 of 2025 Applicant :- Sadakat Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Affidavit in compliance of the order dated 07.03.2025 passed by a co-ordinate Bench of this Court has been filed today by learned counsel for the State which is taken on record. 3. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Sri Sadrul Islam Jafri, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on records. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sadakat, seeking enlargement on bail during trial in connection with Case Crime No. 305 of 2004, under Sections 80(2), 85 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Kithore, District Meerut. 5. Affidavit filed by learned counsel for the State encloses with it a copy of viscera report dated 02.05.2025 annexed as Annexure-1, a perusal of which goes to show that no chemical poison was found in the viscera of the deceased. 6. The first information report of the present matter was lodged on 18.08.2024 by Tasleem against the applicant, Tarikat (jeth), Muskan (devrani), Aasmeen (nand) and Aabid (nandoi) of the deceased alleging therein that the marriage of his sister Tabassum was solemnized with the applicant around six years back. From the wedlock two girls and one boy was born. After marriage the accused persons used to demand additional dowry and used to taunt her for less dowry. On 14.08.2024 when he came to meet his sister the accused persons had assaulted her sister had told him that they may kill her. On 17.08.2024 at about 2 pm he received a phone from Tareekat that his sister has died. He then went there and found his sister to be dead. A report be lodged and action be taken. 7. Learned counsel for the applicant argued that the although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the deceased committed suicide which is evident from the injuries received by her and noted in the postmortem examination report as antemortem injures. The same have been placed before the Court which reads as under:- "Oblique ligature Mark is in the form of pressure abrasion present over front of neck. It measure 25cm x 3cm, 6cm below from right ear, 4cm below from right mid jaw, 6cm below from chin, 3cm below from left mid jaw, 5cm below from left ear, 7cm above from sternal notch. On dissection there are white glistening tissues present below the ligature mark, hyoid bone intact, on removing neck muscle the underlying C2 vertebra found fracture. The total circumference of neck at the level of thyroid 40cm. 2. Left side of inner upper thigh-Peeling of skin present. 3. On the lower side of left back about 4cm medial to left ASIS- Peeling of skin present." 8. It is submitted that although the doctor conducting the postmortem examination could not ascertain the cause of death and viscera was preserved but the viscera report does not find any chemical poison in it. It is further submitted that there is no specification of the actual demand of dowry in the first information report and there is only a vague recital that the accused persons were demanding additional dowry. It is submitted that general and omnibus allegations have been levelled against the applicant and all the accused persons. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted against the applicant, co-accused Tarikat and Aabid whereas the other two co-accused being devrani and nand of the deceased have been exonerated. It is submitted that since the investigation has concluded there are no chances of the applicant tampering with the evidence. While placing paragraph 24 of the affidavit it is submitted that co- accused Aabid and Tarikat have been granted bail by a co-ordinate Bench of this Court vide orders dated 11.12.2024 and 20.01.2025 passed in Criminal Misc. Bail Application Nos. 44472 of 2024 and 604 of 2025, the copy of the said orders is annexed as Annexure-11 to the affidavit. The applicant has no criminal history as stated in para 26 of the affidavit and is in jail since 18.08.2024. 9. Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is the husband of the deceased. He is named in the first information report along with other accused persons and there are allegations against him. 10. After having heard learned counsel for the parties and perusing the record, it is evident that the viscera of the deceased was preserved which did not contain any chemical poison in it. The doctor conducting the postmortem examination could not ascertain the cause of death and hence viscera was preserved. The marriage of the applicant with the deceased was solemnized around six years back and they had three children from the wedlock. Two persons named in the first information report have been exonerated during investigation. Co-accused Aabid and Tarikat have been granted bail by a co-ordinate Bench of this Court. 11. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 12. Let the applicant- Sadakat, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 13. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 14. The bail application is allowed. 15. Pending application (s), if any, shall stand disposed of. Order Date :- 22.5.2025/AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad