Neutral Citation No. - 2025:AHC:20084 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1481 of 2025 Applicant :- Ritik Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri A.K.S. Bais, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 207 of 2024, under Sections 80(2), 85 BNS and Section 3/4 D.P. Act, Police Station- Qutubsher, District- Saharanpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 19.07.2024 against applicant and his family members and according to FIR, marriage of the applicant was solemnized with the daughter of the informant about one and half years before and after marriage, applicant and his family members tortured her for demand of Rs. three lakhs and a tractor and on 18.07.2024 they committed her murder due to non-fulfillment of their demand. 4. Learned counsel for the applicant submitted that however, applicant is husband of the deceased but on the basis of false allegation, he has been made accused in the present matter along with other family members. 5. He further submitted that actually deceased did not want to live in the joint family and as applicant could not live separately, therefore, she always insisted to live in her paternal home and only due to this reason, she committed suicide. 6. He further submitted that post-mortem report of the deceased also suggests that she died due to hanging. He further submitted that after her death, on the basis of false allegation, FIR of the present case has been lodged. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 19.07.2024 i.e. for last more than six months. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within one and half years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but could not dispute the fact that deceased died due to hanging and, therefore, at this stage, it cannot be said that it is not a case of suicidal death. He further could not dispute the fact that applicant is in jail in the present matter for last more than six months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is husband of the deceased and his wife died within one and half years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but post-mortem report of the deceased suggests that she died due to hanging, therefore, at this stage, it cannot be said that it is not a case of suicidal death. 11. Further, reason of suicide disclosed by learned counsel for the applicant during the course of argument, cannot be completely ruled out at this stage. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 19.07.2024 i.e. for last more than six months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Ritik 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. 16. 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. 17. 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 :- 11.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad