Neutral Citation No. - 2025:AHC:130757 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17526 of 2024 Applicant :- Harish Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Singh,Chandra Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2. This is the second bail application filed by the applicant. First bail application was rejected by this Court vide order dated 19.07.2023 passed in Criminal Misc. Bail Application No.34302 of 2022. 3. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the husband of the deceased. The applicant never demanded dowry or did he torture the deceased. The applicant is bereaved by the death of his wife and prays for peace of the departed soul. However, for the purpose of the second bail application, it is submitted that the according to the statement of the Doctor opined that the cause of death is hanging. Furthermore the F.S.L. report also demonstrate that no poisonous substance has been found, copy of F.S.L. report is annexed as Annexure-SA1 to the supplementary affidavit.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 09.08.2021. 5. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 7. Let applicant Harish involved in Case Crime No.65 of 2021 under Sections 498A, 304B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Pawai, District Azamgarh, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 9. The bail application is allowed. Order Date :- 4.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad