Neutral Citation No. - 2025:AHC:3012 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27094 of 2024 Applicant :- Mahendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Gupta,Raghawendra Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. This bail application has been filed by the applicant-accused in case crime No.526 of 2023, under Sections 498-A, 304-B IPC and section 3/4 D.P. Act, police station Bairia, District Ballia with the prayer to enlarge the applicant-accused on bail. 3. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant is husband of the deceased and their marriage has taken place about five months prior to the incident. Only general allegations of dowry demand and harassment of deceased have been leveled against all the accused persons. It was stated that the deceased was under depression and she has committed suicide due to that reason. In postmortem report, except ligature mark, no other injury has been shown on body of deceased and cause of death has been shown asphyxia as a result of ante-mortem hanging. It is further submitted that during trial material witnesses have already been examined before the trial Court. PW-1 Pintu Yadav is informant and brother of deceased and in his cross- examination he has not supported prosecution version and stated that he has lodged the first information report at the instance of some other persons and deceased was never harassed on account of dowry. Similarly PW-2 Surendra, who is father of the deceased and PW-3 Manju Devi, who is mother of the deceased, have not supported prosecution version and turned hostile. They have stated that the deceased was under depression and committed suicide due to that reason. They have denied the prosecution version regarding dowry demand and harassment of deceased by applicant and his family members. Lastly, it was submitted that applicant is languishing in jail since 14.09.2023 and there are number of formal witnesses, who are yet to be examined, and that trial of the applicant would take sufficient long time. It was stated that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 4. Learned A.G.A. has opposed the prayer for bail and submitted that deceased has suffered death due to hanging within a period of seven years of her marriage and there are allegations that she was harassed on account of dowry demand. 5. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits of the matter, a case for bail is made out. 6. The bail application is allowed. 7. Let the applicant, Mahendra Yadav involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 8. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 7.1.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad