Neutral Citation No. - 2025:AHC:83643 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9679 of 2024 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Khare,Karunesh Pratap Singh,Rashtrapati Khare Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Gaurav Khare, learned counsel for the applicant 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. 824 of 2020, under Sections 498-A, 304 B IPC and 3/4 DP. Act, Police Station Pipraich, District Gorakhpur, 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 this is third bail application filed on behalf of the applicant and first and second bail applications of the applicant have been dismissed on the ground that deceased died under abnormal circumstances within three years of her marriage and there is also allegation of demand of dowry but he is pressing the instant third bail application on the ground that applicant is in jail since 3.9.2020 i.e. for last more than four and half years and till date not even a single prosecution witness could be examined. 4. He further submitted that even till date viscera report of the deceased could not be placed on record. 5. He further submitted that there is no evidence till date on the basis of which it can be said that deceased died under abnormal circumstances. 6. He further submitted that even if poison will be found in the viscera of the deceased then also it cannot be ruled out that it was not a case of suicidal death. 7. He next submitted that applicant is not having any previous criminal history. 8. Per contra, learned AGA however, opposed the prayer for bail and submitted that applicant is husband of the deceased and this is third bail application filed on behalf of the applicant but could not dispute the fact that cause of death of the deceased could not be ascertained and her viscera was preserved but till date viscera report is not on record. 9. He further could not dispute the fact that applicant is having no criminal history and he is in jail for last more than four and half years. 10. I have heard learned counsel for the parties and perused the record of the case. 11. This is third bail application filed on behalf of the applicant and earlier two bail applications of the applicant have been dismissed after considering the fact that he was husband of the deceased and as per allegation he used to torture her for demand of dowry and his wife died within three years of her marriage under abnormal circumstances but from the record it reflects that cause of death of the deceased could not be ascertained and her viscera was preserved but till date viscera report is not on record. Considering this fact, argument advanced by learned counsel for the applicant that as till date viscera report of the deceased is not on record, therefore, at this stage, it cannot be said that deceased died under abnormal circumstances, cannot be ruled out. 12. Further, this Court also finds merit in the arguments advanced by learned counsel for the applicant that even if in viscera report it will be found that deceased died due to consumption of some poisonous substance, then also it cannot be said that it was not a case of suicidal death. 13. Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 30.9.2020 i.e for last more than four and half years. 14. Therefore, considering the facts and circumstances of the case particularly long incarceration of the applicant of more than four and half years, 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- Raj Kumar, 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 :- 19.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad