Neutral Citation No. - 2025:AHC:113817 Court No. - 66 1) Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6618 of 2025 Applicant :- Isarat Jahan Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A.,Umesh Chandra Yadav AND 2) Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10295 of 2025 Applicant :- Bhai Khan Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A.,Jayprakash Tiwari,Umesh Chandra Yadav Hon'ble Ashutosh Srivastava,J. Both the above referred bail applications arises out of same case crime number. Hence, the same is being considered for deciding the controversy involved. Heard Shri Kamal Krishna, learned Senior Counsel assisted by Shri Subhash Chandra Pandey, learned counsel for the applicants, Shri Rajesh Kumar Singh, learned AGA for the State, learned counsel for the first informant and perused the record. The bail application No. 6618 of 2025, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Isarat Jahan and bail application No. 10295 of 2025, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Bhai Khan, seeking enlargement on bail in Case Crime No. 587 of 2024, under Sections 103 (1), 85, 80 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 Dowry Prohibition Act, Police Station Tanda, District Rampur. Learned Senior Counsel for the applicant argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 26.12.2024 and 25.11.2024, respectively. Learned Senior Counsel for the applicants submits that applicants are mother-in-law and father-in-law of the deceased and are old aged persons. The first information report has been lodged with the delay of 01 days though the police station is just 07 km away from the place of occurrence. The FIR has been lodged with the allegation that deceased was done to death by in-laws of deceased for seeking more dowry. The immediate cause of death as per post mortem report is reported to be "Asphyxia as a result of ante mortem smothering". In the post mortem report 05 injuries were reported to be received on the person of deceased and most of them are abrasion. Learned Senior Counsel submits that real fact is that deceased was going with her husband Saddam to Moradabad from her house by motorcycle and her dupatta got stuck in the wheel of the bike and deceased fell from the bike and received abraded injuries on her person. In support of his submission, learned Senior Counsel has placed reliance on photographs and CD annexed as Annexure SA-2 to the supplementary affidavit. Learned Senior Counsel submits that smothering can be caused due to accident. He has placed reliance on the Parikh's Medical Jurisprudence, Forensic Medicine and Toxicology sixth edition. Learned Senior Counsel submits that there is eye witness of the alleged occurrence. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Isarat Jahan and Bhai Khan, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 3.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad