HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9250 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Atul Kumar, learned counsel for the applicant, Sri Mohd. Shahrukh Wasim Ansari, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 217 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Mansurpur, District- Muzaffarnagar, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person in court on 23.02.2024, as such, it was a love marriage. The applicant and other family members are stated to have subjected the victim to cruelty for demand of car and Rs.10 lacs as dowry, thereby led her to death on 29.08.2024 at about 12:00 pm. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about more than four and a half hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the deceased was suffering from mood disorder and had crying spikes and was Versus Counsel for Applicant(s) : Atul Kumar, Rahul Singh Tomar Counsel for Opposite Party(s) : G.A., Mohd Shahrukh Wasim Ansari Abhishek .....Applicant(s) State of U.P. .....Opposite Party(s) undergoing treatment from doctor Raman Baliyan, a neuro psychiatrist in the city itself. The said document has been filed at page no.36 in the rejoinder affidavit, as such, the applicant is entitled for bail and the deceased has committed suicide. The cause of death is asphyxia as a result of ante mortem hanging. The injuries sustained by the deceased person in addition to ligature mark are simple in nature. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 30.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that two other injuries sustained by the deceased person in addition to the ligature mark and the said fact has been mentioned in the inquest report as well as in the autopsy report. The FIR is prompt and the applicant being the husband is not entitled for bail. 9. As per the status report dated 25.08.2025, only one witness has been examined. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that it is admitted to both the parties that it was a love marriage as it was registered in court. As such, taking into consideration the said medical treatment being given to the deceased person regarding her psychiatric illness and also the fact that only one witness has been examined till date and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Abhishek, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. BAIL No. 9250 of 2025 2 (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 4, 2025 Priya BAIL No. 9250 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad