Neutral Citation No. - 2025:AHC:83599 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27302 of 2024 Applicant :- Pankaj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,G.S. Chauhan Counsel for Opposite Party :- G.A.,Indra Pal Singh Rajpoot Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Daga, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 90 of 2024, under Sections 498-A, 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Chirgaon, District - Jhansi, during the pendency of trial. PROSECUTION STORY: 4. As per prosecution story, the applicant and the victim were in love, as such, they had solemnized marriage with each other. Subsequently, the relationship turned sour and the applicant started demanding Rs.20 lakhs as dowry from her, as such, she left the house of the applicant about 12 months before her death as the applicant had beaten her up. 5. After much persuasion and intervention of the family members, the victim returned to the house of the applicant about four months before her death but the said cruelty continued. The victim called the informant on 26.03.2024, as such, he reached the house of the applicant on 27.03.2024 as he was informed that the applicant and his family members had beaten the victim. The applicant and his family members are stated to have committed murder of the victim after beating her up in the night of 28.03.2024 at about 03:30 AM. ARGUMENTS ON BEHALF OF APPLICANT: 6. It is submitted that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. 7. It is also submitted that it is true that the applicant was the husband of the victim and it is also admitted to the parties that it was the love marriage, as such, no pleasantries and dowry were exchanged. There is no evidence to suggest that the applicant or his family members had demanded the said amount of Rs.20 lakhs from the victim or her family members whatsoever. 8. It is further stated that the cause of death of deceased has been found to be asphyxia as a result of ante mortem hanging. There is no sign of any injury sustained by the victim except the said ligature mark on her neck. There is no sign of any coercion with the victim. 9. It is further argued that the ingredients of Section 304-B of IPC are not fulfilled either as there is no demand of dowry soon before her death and even the allegation of cruelty is not established as there is no injury on the body of the victim. 10. It is next stated that there is no criminal history of the applicant. The applicant is languishing in jail since 29.03.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE: 11. The prayer for bail application has been opposed by learned AGA-I and has stated that the deceased has expired within the precincts of the house of the applicant, as such, the onus lies upon the applicant to explain the cause of the death of the deceased person as per Section 106 of Indian Evidence Act and the presumption as provided u/s 113-B of Evidence Act has not been rebutted by the applicant, as such, the applicant is not entitled for bail. However, he could not dispute the fact that the applicant has no criminal history. CONCLUSION: 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the postmortem report which indicates that no other injury was found except the ligature mark on the neck of the victim and also the averments made in the FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 13. Let the applicant- Pankaj Yadav, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. 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:- 19.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad