Neutral Citation No. - 2025:AHC:24551 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29145 of 2024 Applicant :- Shamshadi Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kuamr Yadav,Roopesh Kumar Mishra Counsel for Opposite Party :- Arun Kumar,G.A.,Karan Singh Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Rakesh Kumar Yadav, learned counsel for the applicant, Sri Karan Singh Yadav, learned counsel for the informant and Sri Santosh Nigam, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 129 of 2024, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Hayat Nagar, District Sambhal during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is 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. 4. He further submits, during post mortem cause of death of the deceased could not be ascertained and her viscera was preserved but now viscera report is on record, which has been filed by the State through counter affidavit and from its perusal, it reflects, no poison was found in the viscera of the deceased, therefore, it appears, deceased did not die under abnormal circumstances rather she died natural death. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 15.05.2024 i.e. for last more than nine months. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that at the time of death deceased was pregnant and there is specific allegation against the applicant and his family members that they tortured the deceased for want of dowry but they could not dispute the fact that during post mortem cause of death of the deceased could not be ascertained and her viscera was preserved and now viscera report is on record and from its perusal it reflects, no poison was found in her viscera and, therefore, at this stage, it cannot be said that deceased died under abnormal circumstances. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is husband of the deceased and his wife died within seven years of her marriage in her matrimonial home and there is also allegation of demand of dowry but from the post mortem, it reflects, cause of death of the deceased could not be ascertained and her viscera was preserved and now viscera report is on record and from its perusal it reflects, no poison was found in it. Considering this fact, the argument advanced by learned counsel for the applicant that actually deceased did not die under abnormal circumstances rather it was her natural death, cannot be ruled out at this stage. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 15.05.2024 i.e. for last more than nine months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Shamshadi 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. 13. 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. 14. 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 :- 19.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad