Neutral Citation No. - 2025:AHC:113291 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19234 of 2025 Applicant :- Deeplal Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Bipin Kumar Tripathi, learned counsel for the applicant and Shri S.K. Rai, learned A.G.A. Ist on behalf of the State respondents. This bail application under Section 483 of Bhartiya Nagrik Suraksah Sanhita, 2023, has been moved on behalf of accused- applicant, Deeplal, seeking bail in Case Crime No. 201 of 2024, under Sections 108 and 85 of B.N.S., Police Station-Thoothibari, District-Mahrajganj, during the pendency of trial. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The First Information Report has been lodged on 04.11.2024, against the applicant and his sister in law (Bhabhi), with the allegations that due to illicit relation between the applicant and his sister in law, the applicant was used to demand additional dowry and due to non fulfillment of the same, the applicant murdered the deceased by putting rope in her neck. Learned counsel for the applicant further submits that initially the First Information report was lodged under Section 85, 80 (2) B.N.S. and Section 3/4 of Dowry Prohibition Act and after investigation charge sheet has been filed against the applicant under Sections 108 and 85 B.N.S. whereas, the other co-accused was exonerated. Learned counsel for the applicant submits that the first informant herself in her second statement has admitted that the marriage of the deceased and applicant was solemnized on 21.06.2017 and after more than seven years the deceased was issue less and she was suffering from mental ailment and due to the said reason the accused applicant used to misbehave with the deceased due to which she has committed suicide. In the post mortem report the cause of death has been shown as asphyxia due to ante mortem hanging. Learned counsel for the applicant further submits that the applicant is languishing in jail since last more than eight months. He has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the bail but could not dispute the fact that the marriage was of seven years and the applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Deeplal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 15.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad