HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6581 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Ms. Shambhawi Shukla, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned A.G.A. for the State-respondent. 3. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.87 of 2024, under Sections 498-A, 304- B I.P.C. and Sections 3/4 D.P. Act, Police Station Jaswant Nagar, District Etawah during pendency of the trial. 4. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his fist bail application has been dismissed vide order dated 2nd December, 2024 by this Court after considering the fact that applicant is husband of the deceased and his wife died within one and half years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but she is pressing the instant second bail on the ground that applicant is in jail in the present matter since 20th May, 2024 i.e. for last more than a year and till date trial of the case could not be concluded. 5. She further submits that even from the postmortem report, it reflects that the deceased died due to hanging, therefore, prima-facie, it appears to be a case of suicidal death. 6. She further submits that applicant is having no criminal history to his credit. Versus Counsel for Applicant(s) : Pankaj Kumar Mishra, Shambhawi Shukla Counsel for Opposite Party(s) : G.A. Ajeet Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra; learned A.G.A. opposed the prayer for bail and submits that applicant is husband of the deceased and his wife died within seven years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry and after considering, all these facts, his first bail application has been dismissed but could not dispute the fact that applicant is in jail for last more than a year and as per post-mortem report, prima-facie, it appears to be a case of suicidal death. 8. He further could not dispute the fact the applicant is not having any criminal history to his credit. 9. I have heard both the parties and perused the record of the case. 10. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed after considering the fact that he is husband of the deceased and his wife died within one and half years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but it reflects, applicant is in jail in the present matter for last more than a year and post- mortem report suggests that prima-facie, it appears to be a case of suicidal death. 11. Further, applicant is not having any criminal history to his credit. 12. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed either for preventive or for punitive purpose. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Ajeet Singh 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 BAIL No. 6581 of 2025 2 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. 16. 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. 17. 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. September 22, 2025 Zafar BAIL No. 6581 of 2025 3 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad