Neutral Citation No. - 2025:AHC:12124 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27066 of 2024 Applicant :- Rahul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.,Rajendra Prasad Shukla,Rishabh Shukla Hon'ble Raj Beer Singh,J. 1. Rejoinder affidavit filed in Court today is taken on record. 2. Heard learned counsel for the applicant, learned counsel for informant, learned A.G.A for the State and perused the material brought on record. 3. This bail application has been filed by the applicant-accused in Case Crime No.197 of 2023, under Sections - 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Sahaldeeha, District- Chandauli, with the prayer to enlarge the applicant-accused on bail. 4. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is husband of deceased and their marriage has taken place about one year prior to the incident. Only general allegations of demand of dowry and harassment of deceased have been levelled against all the accused persons, including the applicant. It was submitted that deceased was pregnant and she has developed some complications and she was under continuous treatment and she committed suicide on 20. 8.2023 due to that reason by consuming some insecticide. After incident, police was informed and applicant was present at the time of inquest proceedings but at that time, no complaint was made. After one month of the incident, the informant has moved an application under Section 156 (3) Cr.PC. and thereafter this case was registered on 31.12.2023. In postmortem report, no injury has been shown on the body of deceased and cause of death could not be ascertained hence viscera was preserved. As per FSL report, Aluminium Phosphide has been found in viscera of the deceased. It was further submitted that applicant is in jail since11.3.2024 and no witness has been examined so far and thus trial of the case would take sufficient long time. Lastly, it was submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 5. Per contra, learned A.G.A. and learned counsel for informant opposed the prayer for bail and submitted that applicant is husband of deceased and that deceased has suffered death due to poison within one year of her marriage. 6. 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, a case for bail is made out. 7. The bail application is allowed. 8. Let the applicant - Rahul Kumar 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. v. 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 :- 23.1.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad