Neutral Citation No. - 2025:AHC:25220 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 975 of 2025 Applicant :- Rohit Kumar Opposite Party :- State Of U.P. Through Principal Secratary Home Government Of U.P. At Lucknow Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A.,Vivek Kumar Sharma Hon'ble Sameer Jain,J. 1. Heard Sri Dwijendra Prasad, learned counsel for the applicant, Sri Vivek Kumar Sharma, learned counsel for the informant and Sri Brijesh Pratap Singh, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.595 of 2024, under Section 85, 80, 115(2) B.N.S. and Section 3/4 D.P. Act,, Police Station Ramgarh, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits, however applicant is 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 along with his family members. 4. He further submits that actually deceased was pregnant and under the pretext that applicant and his family members are not providing proper treatment to her, her father i.e. informant of the case had taken her from her matrimonial home and admitted her in the hospital where unfortunately she delivered a dead child and thereafter, due to multiple organ failure she died and after her death FIR of the present case was lodged. 5. He further submits, there is absolutely no evidence on record which can suggest that deceased died under abnormal circumstances for the purpose of provision of Section 80 BNS rather record suggest she died natural death due to complications of her pregnancy. 6. He next submits that applicant is not having any criminal history and in the present matter he is in jail since 24.11.2024. 7. Per contra, learned A.G.A. and learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within a year of her marriage under abnormal circumstances and there is also allegation of demand of dowry but they could not dispute the fact that at the time of death deceased was pregnant and she died in the hospital due to multiple organ failure. However, learned counsel for the informant further submitted that actually deceased died due to negligence of the applicant and his family members as they failed to provide better treatment to her. 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 a year of her marriage and there is also allegation of demand of dowry but it reflects at the time of death deceased was pregnant and she died in the hospital due to multiple organ failure and she delivered a dead child. Considering this fact the argument advanced by learned counsel for the applicant that there is no evidence that deceased died under abnormal circumstances and actually it is a case of natural death cannot be ruled out at this stage. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 24.11.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Rohit Kumar 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. 14. 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. 15. 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 :- 20.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad