Neutral Citation No. - 2025:AHC:76618 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12846 of 2025 Applicant :- Imam Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Anand Mohan Pandey,Tanmay Gupta Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Anand Mohan Pandey, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Imam Hussain, seeking enlargement on bail during trial in connection with Case Crime No.221 of 2021, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, registered at P.S.Atarra, District Banda. 4. Learned counsel for the State states that he has received instructions in the matter for which he was granted time on 21.4.2025. 5. The FIR of the matter was lodged on 19.11.2024 by Munna against the applicant, Smt. Happy Khatoon, Rajjab Ali and Smt. Rabiya Khatoon on the basis of an application moved under Section 156(3) Cr.P.C. alleging therein that his daughter Shabeena Bano was married to the applicant six years back on 9.3.2015. In the marriage he had given gifts, jewellery and house-hold articles as per his status of about Rs.3 lakh. The accused persons used to taunt his daughter and assault her for less dowry and there was a demand of a motorcycle and Rs.50,000/-. His daughter whenever used to come to her maternal house, used to make complaint about her in-laws on which she used to be consoled and sent back. In the meantime she gave birth to two sons and one daughter but the accused persons did not change their way. Panchayat was also collected for the same but the accused persons overlooked it and used to assault and torture his daughter. On 25.6.2021 in the night, the accused persons assaulted his daughter and hung her. They forcibly tried to cremate the body which was opposed by the informant and police was informed on which the police came on 26.6.2021. The inquest and postmortem of his daughter was conducted. He gave a report at the police station but no action was taken. He then sent an application on 23.8.2021 to the Superintendent of Police concerned through registered post but no action was taken on it also. The application thus is being moved on the basis of said application under Section 156(3) Cr.P.C. with the allegation therein on the basis of which FIR has been lodged. 6. The postmortem of the deceased was conducted in which the doctor found a single ligature mark on her body and cause of death was asphyxia due to ante-motem hanging. The postmortem was conducted on 26.6.2021 and the condition of the body was decomposed. 7. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is argued that initially on 26.6.2021 an information was given by Munna Shekh, the first informant at police station Atarra, district Banda which was entered in G.D.No.23 at 10.52 hours on 26.6.2021 informing therein that he had married his daughter to the applicant and they were living in Chennai for the purposes of employment. In the night of 24.6.2021 his son-in-law called him and told him that Shabeena has died. Then on 26.6.2021 in the morning at about 10 a.m. he brought her dead-body to Atarra. For the purposes of knowing the cause of death, the inquest and postmortem be conducted and legal action be taken. Shabeena was aged about 25 years. It is further argued that in the said information, there was no complaint whatsoever regarding the applicant and other co- accused persons torturing and harassing the deceased and even the fact that there was any demand of dowry by the accused persons. As a matter of fact the applicant was living with his wife and children at Vijaywada, District Guntoor, Andhra Pradesh and on account of poverty and due to Covid 19, there arose some dispute between the husband and wife and she committed suicide. The time when the deceased committed suicide was Covid time and the applicant somehow managed to bring the body of his wife to his house after which in the presence of her family members it was cremated. It is further argued that investigation in the matter has concluded and charge sheet has been submitted only against the applicant on 10.1.2025 whereas in so far as the three other co- accused persons are concerned, they have been exonerated in the present matter. It is further argued that the deceased and the applicant were leading a happy married life as would be apparent from the fact that three children were born from the wedlock. It has also been pointed out that the applicant is not having any criminal history. The applicant is in jail since 15.12.2024. 8. Per contra learned counsel for the State opposed the prayer for bail. 9. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. The deceased and the applicant were living in Chennai for the purposes of employment. The cause of death is asphyxia as a result of hanging and the deceased was found to have received a single ligature mark on her body. A previous information about her death was given by the informant at the police station in which there is no reference of any harassment, torture or demand of dowry by the applicant. Subsequently postmortem on the body of the deceased was conducted. Later on an application under Section 156(3) Cr.P.C. was moved by the informant on the basis of which present FIR has been lodged. 10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 11. Let the applicant-Imam Hussain, 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 which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 13. The bail application is allowed. 14. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 12.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad