Neutral Citation No. - 2025:AHC:27341 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1533 of 2025 Applicant :- Ravikant Opposite Party :- State of U.P. Counsel for Applicant :- Dur Vijay Singh,Kamal Kaushal Upadhyay Counsel for Opposite Party :- Atul Kumar Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dur Vijay Singh, learned counsel for the applicant, Sri Atul Kumar Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.143 of 2024, under Sections 85 and 80 BNS and Section 3/4 Dowry Prohibition Act, Police Station Sahpau, District Hathras during pendency of the trial. 3. FIR of the present case was lodged on 29.8.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant on 02.12.2021 and after marriage applicant and his family members tortured her for additional demand of dowry. It is further mentioned in the FIR that the daughter of the informant was pregnant and on 29.8.2024 at about 8.30 AM in the morning he received an information that she hanged herself. It is further mentioned in the FIR that due to torture of the applicant and his family members she committed suicide. 4. Learned counsel for the applicant submits that however, applicant is the husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter along with his family members. 5. He further submits that neither in the FIR nor in the statement recorded during investigation informant could disclose what was the demand of dowry and, therefore, it appears that on the basis of vague allegation of demand of dowry applicant has been roped in the present matter and actually it is not a case of dowry death. 6. It is next submitted that actually financial condition of the applicant was very poor and as deceased was pregnant and earlier also she had delivered a female child, therefore, she was quite worried about the future of her children due to weak financial condition of applicant and only due to this reason under depression she committed suicide by hanging herself. 7. He further submits that immediately after the incident applicant informed the informant and the police and on his information inquest was conducted and in the inquest informant was also one of the witness and at that time he did not raise any objection but it appears that subsequently on the basis of false allegation he lodged FIR of the present case. It is further submitted that above conduct of the applicant shows his bonafide. 8. He further submits that post mortem report also suggests that deceased died due to hanging, therefore, prima facie it appears to be a case of suicidal death. 9. He next submits that applicant is not having any previous criminal history and in the present matter he is in jail since 30.8.2024, i.e., for almost six months. 10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the husband of the deceased and his wife died within two and half years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but they could not dispute the fact that neither in the FIR nor in the statement recorded during investigation informant could disclose what was the demand of dowry. 11. They further could not dispute the fact that on the information of the applicant inquest was conducted and at the time of inquest informant was present and he was also one of the inquest witness and thereafter FIR of the present case was lodged. They further could not dispute the fact that deceased died due to hanging. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, applicant is the husband of the deceased and his wife died within two and half years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of additional demand of dowry but neither in the FIR nor in the statement recorded during investigation informant could disclose what was the demand of dowry and considering this fact, the argument advanced by the learned counsel for the applicant that on the basis of vague allegation of demand of dowry applicant has been made accused in the present matter and actually it is not a case of dowry death, cannot be completely ruled out at this stage. 14. Further, inquest report shows that it was conducted on the information given by applicant and informant was one of the inquest witness and this fact shows the bona fide of the applicant. 15. Further, FIR of the present case was lodged after several hours from the inqeust. 16. Further, post mortem report suggests that deceased died due to hanging, therefore, at this stage it cannot be said that it is not the case of suicidal death and reason of suicide disclosed by the learned counsel for the applicant during the course of argument cannot be ruled out at this stage. 17. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 30.8.2024, i.e., for almost six months. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant-Ravikant 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. 21. 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. 22. 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 :- 27.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad