Neutral Citation No. - 2025:AHC:22508 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1082 of 2025 Applicant :- Nathu Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey,Ram Milan Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ram Milan Dwivedi, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.152 of 2024, under Sections 85, 115(2), 80 BNS and Section 3/4 Dowry Prohibition Act, Police Station Naraini, District Banda during pendency of the trial. 3. FIR of the present case was lodged on 12.7.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant on 27.4.2022 and after marriage applicant and his family members started torturing her for demand of dowry of Rs. Two Lacs and a bullet motorcycle and on 10.7.2024 informant came to know that they after committing her murder hanged her. 4. Learned counsel for the applicant submits that applicant is the husband of the deceased and on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter. 5. He further submits that actually deceased was the resident of State of Jharkhand and her marriage with the applicant was community marriage and after marriage she started pressurizing the applicant to live in the State of Jharkhand and when applicant shown his inability then day-by-day her behaviour became quite erratic and on the date of incident on some minor matrimonial dispute she committed suicide by hanging herself. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 13.7.2024, i.e., for the last more than six months. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the husband of the deceased and his wife died within two years of her marriage in her matrimonial home under abnormal circumstances and there is also an allegation of demand of dowry and torture but he could not dispute the fact that marriage of the deceased with the applicant was her community marriage and as per post mortem she died due to hanging. 8. Learned AGA further could not dispute the fact that applicant is in jail for the last more than six months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is the husband of the deceased and his wife died within two years of her marriage under abnormal circumstances and there is also allegation of demand of dowry and torture but after considering post mortem of the deceased prima facie present case appears to be a case of suicidal death and reasons of suicide disclosed by the learned counsel for the applicant during his argument cannot be completely brushed aside at this stage. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 13.7.2024, i.e., for the last more than six months. 12. Further, law is settled that bail application should not be dismissed either for punitive or preventive purposes and bail is a rule while bail rejection is an exception. Further, unless proven guilty an accused is deemed to be innocent. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Nathu 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. 16. 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. 17. 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 :- 17.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad