Neutral Citation No. - 2025:AHC:101075 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20120 of 2025 Applicant :- Om Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- Arvind Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant, Sri Arvind Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.37 of 2025, under Sections 85, 80(2), 90(1) B.N.S. and 3/4 D.P. Act, Police Station- Anpara, District- Sonbhadra, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 18.2.2022. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry. They are also stated to have forced her into abortion, thereby leading her to excessive bleeding and thereupon she was referred to Popular Hospital, Varanasi where she expired on 26.2.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that it is a clear cut case of false implication as the deceased person developed complications due to miscarriage which is but evident from her medical documents. The death certificate provided by the Popular Multi Super Specialty Hospital, Varanasi indicates that the cause of death is D&C with septic shock and the mode of death is sudden cardiac respiratory arrest. Learned counsel has stated that the autopsy report indicates the cause of death to be syncope due to excessive blood loss from the uterus. It is due to miscarriage which happened to the deceased person. 7. Learned counsel for the applicant has further contended that it is true that the said demise is of a young girl, but she has not been subjected to any kind of cruelty and the cause of death is not due to any offence committed by the applicant or any of his family members. The FIR does not indicate as to what was demanded as dowry and as an afterthought the demand of dowry has been added to Rs.2 lakh in the statement of witnesses, as such, the applicant is entitled for bail. 8. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 1.3.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application on the ground that applicant is named in the FIR and he is the main accused person wrecker-in-chief and is responsible for the miscarriage of second child which was in the womb of the deceased person as he did not want her to give birth to another female child. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the postmortem report and the death certificate issued by the hospital, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Om Prakash, who is involved in aforementioned case crime be released on bail on his 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 applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 1.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad