HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3917 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard Sri Ajeet Kumar Shukla, holding brief of Sri Somendra Singh, learned counsel for appellant and learned AGA for the State. 2. As per instructions submitted by learned AGA for State, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Ashish Jaisawal with the prayer to allow the appeal, set aside the bail rejection order dated 24.06.2024 passed by Ist Special Judge (SC/ST Act)/Additional Session Judge, Ghaziabad in bail application No. 3276 / 2024 (CNR No. UPGZ010101502024) (Ashish Jaiswal Vs. State of U.P), arising out of Case Crime No. 0162 of 2024, under section 498-A, 304-B, 323 I.P.C & 3/4 Dowry Prohibition Act & 3(2)5 S.C/S.T Act, at Police Station Teelamod, District Ghaziabad. 4. Learned counsel for the appellant has submitted that the marriage of the appellant with deceased was solemnized on 16.11.2022. Both of them belonged to different castes and their marriage was a love marriage. Deceased committed suicide on 27.4.2024. After her death, her parents made false allegations of demand of dowry and harassment against the appellant and his family members. Learned counsel has further submitted that as both the parties belonged to different castes, relation between the family members of both side was not cordial. Learned counsel next submitted that his mother refused to acknowledge deceased and same way the parents of deceased also Versus Counsel for Appellant(s) : Prakhar Srivastava, Shiv Saran Sharma, Somendra Singh Counsel for Respondent(s) : G.A. Ashish Jaisawal .....Appellant(s) State of U.P. and Another .....Respondent(s) avoided to visit his home. It was further submitted that certain disputes arose between the parties only because appellant and deceased were belonging to different castes, therefore, appellant who had solemnized his marriage with the deceased after having love affair was not involved in the said offence. Hence, the appellant is entitled for bail. 5. Learned A.G.A. for State has submitted that death of victim has occurred within two years of marriage. Statements of parents recorded by Investigating Officer indicates that victim was exploited by appellant and his family members merely because she belonged to SC/ST caste. 6. I have considered the rival submissions so made and have gone through the entire record. 7. It appears from the argument submitted by both the parties as well as statements of witnesses that marriage between the deceased and appellant was not supported by the family members of deceased and appellant. 8. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, nature of injuries, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellants have made out a case for bail. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellants are set-aside. 10. Let the appellant-Ashish Jaisawal involved in Case Crime No. 0162 of 2024, under section 498-A, 304-B, 323 I.P.C & 3/4 Dowry Prohibition Act & 3(2)5 S.C/S.T Act, at Police Station Teelamod, District Ghaziabad, be released on bail on 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 appellants will not tamper with the evidence during the trial. (ii) The appellants will not pressurize/ intimidate the prosecution witness. (iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are CRLA No. 3917 of 2025 2 suspected. (v) The appellants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 11. In case of breach of any of the above conditions, the concerned Court shall be at liberty to move bail cancellation application before this Court. (Anil Kumar-X,J.) October 8, 2025 Mukesh CRLA No. 3917 of 2025 3 Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad