Neutral Citation No. - 2025:AHC:65308 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10867 of 2025 Applicant :- Jakir Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. The instant second bail application under Section 483 of B.N.S.S. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 237 of 2024, under Sections 85, 115(2), 351(2), 351(3), 80 B.N.S. and Section 3/4 Dowry Prohibition Act, Police Station Ganj, District Rampur, during the pendency of trial. 3. First bail application of the applicant was rejected by the Court vide order dated 07.03.2025 in Criminal Misc. Bail Application No. 5752 of 2025. 4. As per the prosecution case, in brief, the complainant who is father of deceased-Zeba got the first information report lodged on 28.08.2024 with regard to an incident which took place on 25.08.2024 for the offence under Sections 85, 115(2), 351(2), 351(3), 80 B.N.S. and Section 3/4 Dowry Prohibition Act against husband (applicant), mother-in-law and father-in-law of the deceased with the allegations inter alia that marriage of his daughter was solemnized with the applicant eight months back. In the marriage, informant gave sufficient dowry as per his capacity, but in-laws of the deceased were not satisfied with the dowry. They demanded Rs. 1,00,000/- cash and a motorcycle as additional dowry. When their demands were not fulfilled, they started harassing and torturing the deceased. F.I.R. further alleges that on account of non-fulfillment of demand, the deceased was kicked out of her matrimonial home. On 25.08.2024 when the deceased was at her parental home, accused persons came there and by taking the deceased in another room, they gave her poisonous substance and ran away from the house of the informant. 5. It is argued by learned counsel for the applicant that on the day of incident dated 25.08.2024, Smt. Zeba was in her parental home and she died in her parental home on account of harassment and torture by her family members because she had solemnized love marriage with the applicant. Much emphasis has been given by contending that Smt. Zeba was done to death by her parents in her parental home and in order to implicate the applicant and his parents, a false story was cooked up by the father of the deceased that on 25.08.2024 at about 7.00 P.M. the accused persons came to his house and administered poisonous substance to his daughter. It is also pointed out that as per statement of the informant, deceased was taken to District Hospital, Rampur by him and got her admitted there. During the course of her treatment, she died on 28.08.2024, whereas no such documents with regard to admission of the deceased in the hospital by her parents are on record. The investigating Officer in collusion with the informant wrongly and illegally submitted charge-sheet against Becha and Mobina (parents of the applicant) who have been granted bail. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 19.11.2024. Apart from this case, applicant has criminal history of one case, in which he is on bail, averment in this regard has been mentioned in paragraph No. 17 of the affidavit filed in support of the bail application. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 6. Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail of the applicant by contending that in this case the viscera was preserved and as per viscera report of the deceased, organochloro insecticide poison has been found in her body, therefore, the applicant, who is husband of the deceased, is not liable to be released on bail. 7. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the deceased had left her matrimonial home about fifteen days before the incident and she died in her parental home. Therefore, the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. 8. Let the applicant-Jakir, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 28.4.2025/Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad