Neutral Citation No. - 2025:AHC:113801 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13207 of 2025 Applicant :- Sompal Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Keshari Nath Tripathi, learned counsel for the applicant and Shri R. N. Srivastava, learned AGA for the State- respondent. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.413 of 2023, under Sections 498-A, 323, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station Thakurdwara, District Moradabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant, who is husband of the deceased and his first bail application has been dismissed by this Court vide order dated 19.06.2024 passed in Criminal Misc. Bail Application No.15794 of 2024 on merit after considering the fact that he was husband of the deceased and his wife died within seven years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but he is pressing the instant second bail application on the ground that post-mortem report suggests that deceased died due to hanging and therefore, prima-facie, it appears to be a case of suicidal death. 4. He further submits that however, applicant is in jail in the present matter since 07.10.2023 i.e. for last more than twenty months but till date trial of the case could not be concluded. 5. He further submits that applicant is having no other criminal history to his credit. 6. Per contra, learned AGA opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant, who is husband of the deceased and his first bail application has been dismissed after considering the merit of the case but could not dispute the fact that post-mortem report prima- facie indicates that deceased committed suicide. 7. He further could not dispute the fact that applicant is having no other criminal history to his credit and he is in jail in the present matter since 07.10.2023 i.e. for last more than twenty months. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, this is the second bail application filed on behalf of the applicant, who is husband of the deceased and his first bail application has already been dismissed by this Court vide order dated 19.06.2024 after considering merit of the case but it reflects, applicant is in jail in the present matter since 07.10.2023 i.e. for last more than twenty months and after considering the post- mortem report, the argument advanced by learned counsel for the applicant that praima-facie, it appears to be a case of suicidal death, cannot be ruled out. 10. Further, applicant is having no other criminal history to his credit. 11. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Sompal, 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. 15. 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. 16. 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 :- 14.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad