Neutral Citation No. - 2025:AHC:74181 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9014 of 2025 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Bajpayee,Ratnesh Srivastava Counsel for Opposite Party :- Arvind Kumar Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashish Bajpayee, learned counsel for the applicant, Sri Tej Pratap Singh, learned Advocate holding brief of Sri Arvind Kumar Singh, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 195 of 2024, under Sections 105, 84, 352 BNS, Police Station- Narora, District- Bulandshahr, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that, however, applicant is husband of the deceased and as per allegation, he along with his family members used to torture the deceased for demand of dowry and due to non-fulfillment of demand of dowry, they committed her murder but entire allegation levelled against the applicant is totally false. 4. He further submitted that deceased died on 02.10.2024 and on the same day information was received by the informant but in spite of that FIR was lodged on 17.10.2024. He further submitted that even from the FIR, it reflects informant moved application for lodgment of the FIR on 14.10.2024, therefore there is delay in lodgment of the FIR. 5. He further submitted that from perusal of the postmortem report, it reflects deceased died due to electrocution, therefore, prima facie, it appears to be case of accidental death. 6. He further submitted that however, apart from the present case, applicant is having criminal history of two other cases but in one case, after investigation, final report has been submitted and another case relates to minor offence. 7. He further submitted that in the present matter, applicant is in jail since November 2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the husband of the deceased and he used to torture his wife and earlier also a FIR was lodged against him and his family members but could not dispute the fact that deceased died due to electrocution and in the earlier case after investigation final report was submitted. 9. I have heard both the parties and perused the record of the case. 10. However, applicant is husband of the deceased and as per allegation, he used to torture her along with his family members and due to non-fulfillment of demand of dowry, he along with his family members committed the murder of his wife but it reflects, deceased died to electrocution. Considering this fact, the argument advanced by learned counsel for the applicant that prima facie, it appears to be a case of accidental death, cannot be completely ruled out. 11. Further, deceased died on 02.10.2024 and application for lodgment of FIR was moved on 14.10.2024 and thereafter FIR was lodged on 17.10.2024, therefore, there is delay in lodging the FIR. 12. Further, however, apart from the present case, applicant is having criminal history of two other cases and one case was earlier lodged by the informant side against him and his family members but in that case, after investigation final report has been submitted and another case relates to minor offence. 13. Further, in the present matter, applicant is in jail since 14.11.2024 i.e. for last 6 months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Ankit 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. 17. 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. 18. 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 :- 7.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad