HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20180 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Sri Santosh Kumar Singh, learned counsel for the first informant has filed counter affidavit, which is taken on record. 2. Learned counsel for the applicant does not wish to file rejoinder affidavit to the counter affidavit. 3. Heard learned counsel for the applicant, Sri Santosh Kumar Singh, learned counsel for the first informant, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 4. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Divik, seeking enlargement on bail in Case Crime No. 299 of 2024, under Sections 85, 80 (2), 103 (1), 238, 62 BNS and Section 3/4 D.P. Act, Police Station Mansoorpur, District Muzaffarnagar. 5. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 20.12.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 6. Learned counsel for the applicant submits that the applicant is Dewar of the deceased and living separately at the residence of the deceased and he has no concern with the demand of dowry either with the deceased or her parents. The incident took place on 22.10.2024 to 24.10.2024 and its Versus Counsel for Applicant(s) : Saroj Kumar Dubey, Vikas Tripathi Counsel for Opposite Party(s) : G.A., Santosh Kumar Singh Divik .....Applicant(s) State of U.P. .....Opposite Party(s) FIR was lodged on 26.10.2024 without giving any explanation for delay in lodging the FIR. As per the post mortem report, the deceased has sustained one Complete abraded contusion (Ligature mark) of size 31cm x 1.5cm, 7cm below left ear lobule, 5cm below chin, 5cm below from Rt. ear lobule present horizontally continous above thyroid, over anterior aspect of the neck bilaterally, reaching upto the lateral aspect of neck, base of mark is brown and soft, subcutaneous tissue under ligature mark ecchymosed (Mark is more prominent on front and less prominent on back side of neck), one abraded contusion and one contusion and cause of death reported is Asphyxia as a result of ante-mortem strangulation. As per the prosecution version, marriage of the deceased was solemnized in the year 2018 i.e. on 07.07.2018 till date she has no any issue more so due to which, she was under frustration and committed suicide on fateful day and after committing suicide, applicant family informed the informant and subsequently they participated in the inquest proceedings and after conducting post mortem of the deceased, the present FIR was lodged and after completing investigation, the investigating officer has submitted charge sheet against the applicant and his family members on 21.01.2025. No case is made out against the applicant under the aforesaid sections and post mortem report of the deceased belies the whole prosecution version with regard to commission of murder of the deceased. Hence, bail has been prayed for. 7. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 8. Considering all above 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. 9. Accordingly, the bail application is allowed. 10. Let the accused-applicant, Divik 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 BAIL No. 20180 of 2025 2 court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 11. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 12, 2025 v.k.updh. BAIL No. 20180 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad