Neutral Citation No. - 2025:AHC:123495 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25696 of 2025 Applicant :- Sandeep Saini Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Abhishek, learned counsel for the applicant, Sri Ram Singh Kushwaha, learned counsel for the informant, 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.193 of 2025, under Sections 85, 80(2), 115(2) B.N.S. and 3/4 D.P. Act, Police Station Bhawanpur, District Meerut, 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 12.02.2024. The applicant and other family members are stated to have subjected her to cruelty for demand of Wagaon R Car as dowry, thereby forced her to commit suicide by hanging herself on 11.06.2025, although she was admitted to hospital by the applicant and his family members, but she succumbed to the said hanging on 13.06.2025. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed as it has not been instituted after the incident, rather it has been instituted after the death. The bona fide act of the applicant is but evident from the FIR itself, whereby it was he who admitted the deceased to hospital as she had tried to commit suicide. 6. Learned counsel for the applicant has further stated that the cause of death is stated to be the use of force on trachea by some hard and blunt object. The postmortem report does not indicate whether the cause of death was hanging or strangulation and the same was that the attempt of deceased person to commit suicide was foiled by the applicant and other family members i.e. broke open the door and rushed the deceased to hospital. 7. Learned counsel for the applicant has also stated that the cause of death could not be ascertained as it was mentioned that the cause of death may be hard pressure on neck tissue and trachea by hard blunt object, which indicates that the cause of death may be due to hanging. The doctor is not clear whether it was strangulation or hanging, but the circumstances tell that the applicant as a bona fide act had tried and rushed to save the life of the deceased person. 8. Learned counsel for the applicant has further stated that there is no dying declaration of the deceased person. The truth is that the father of the deceased had engaged into second marriage and she felt depressed due to the said second marriage of her father, as such, had committed suicide. The injury to her liver is not the cause of her death, which may be due to fall as she was being retrieved from the window. 9. It is further argued by the counsel for the applicant that there is no criminal history of the applicant. The applicant is languishing in jail since 19.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the deceased had expired within one and half years of her marriage that too within the precincts of the house of the applicant, as such, he is not entitled for bail. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the FIR being delayed by about two days from the date of incident and the applicant having rushed the deceased to hospital and the cause of death was the pressure on the neck tissue and trachea by hard and blunt object, 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. 12. Let the applicant- Sandeep Saini, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 28.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad