Neutral Citation No. - 2025:AHC:24557 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26525 of 2024 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Kumar Dixit, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 327 of 2022, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Pailani, District Banda during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is however husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter. 4. He further submits, during investigation informant i.e. father of the deceased and her mother supported the prosecution case but when they appeared before the trial court as PW-2 and PW-3 then they did not support the prosecution case and have been declared hostile and their statements recorded before the trial court have been annexed along with supplementary affidavit. 5. He further submits, even from the post mortem, it reflects, deceased died due to hanging, therefore, prima facie, it appears to be a case of suicidal death. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.11.2023 i.e. for last more than a year. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is husband of the deceased and his wife died within seven years of her marriage in her matrimonial home under abnormal circumstances and there was also allegation of demand of dowry but it appears, during trial informant of the case and mother of deceased both did not support the prosecution case and they have been declared hostile. 10. Further, post mortem report suggests that deceased died due to hanging, therefore, submission advanced by learned counsel for the applicant that prima facie it appears to be a case of suicidal death, cannot be ruled out. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 07.11.2023 i.e. for last more than a year. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Rohit be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad