Neutral Citation No. - 2025:AHC:22706 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30847 of 2024 Applicant :- Mohd Istekhar @ Chhote And Another Opposite Party :- State of U.P. Counsel for Applicant :- Deeksha Gupta,Madhava Nand Shukla,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Siddharth Srivastava, learned counsel for the applicants and Sri Santosh Nigam, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 102 of 2024, under Sections 498-A, 304-B, 506 IPC & 3/4 D.P. Act, Police Station- Mehnagar, District- Azamgarh, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that applicants are in-laws of the deceased and on the basis of false allegation, they have been made accused in the present matter. 4. He further submitted that from perusal of the post-mortem report of the deceased, it reflect that she died due to Cardiac arrest. 5. He further submitted that even during trial, all the witnesses of fact have been declared hostile including informant and their statements have been annexed along with the rejoinder affidavit filed in support of the instant bail application. 6. He further submitted that applicants are not having any criminal history and they are in jail in the present matter since 23.07.2024 i.e. for last more than six months. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it reflects that initially allegation against the applicants was that being in-laws of the deceased they used to torture her for demand of dowry and they committed her dowry death but post-mortem report of the deceased suggests that deceased died due to Cardiac arrest, therefore, it appears, deceased died natural death. 10. Further, during trial, all the witnesses of facts have been declared hostile as they did not support the prosecution case. 11. Further, applicants are not having any criminal history and they are in jail in the present matter since 23.07.2024 i.e. for last more than six months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicants- Mohd Istekhar @ Chhote and Sitara 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 15. 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 applicants. 16. 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 :- 17.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad