Neutral Citation No. - 2025:AHC:50757 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31453 of 2024 Applicant :- Sunny Opposite Party :- State of U.P. Counsel for Applicant :- Saif Ali Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record. 2. The present second bail application has been filed by the applicant in Case Crime No. 393 of 2023, under Sections - 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station - Sasani Gate, District - Aligarh, with the prayer to enlarge the applicant on bail. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The allegations of dowry demand and harassment of deceased levelled against the applicant are wholly false. It was submitted that in fact deceased was suffering from illness related to spleen. Learned counsel has referred medical documents of deceased, wherein her spleen has been shown enlarged. It was stated that deceased has committed suicide due to that illness. Applicant has provided treatment to the deceased since the marriage. In postmortem report, cause of death of deceased has been shown ante mortem hanging. It is further submitted that deceased has left a suicide note wherein she has stated that she is committing suicide but the said suicide note was not taken by the police into possession and it was not made part of the investigation. The first bail application of the applicant was rejected by this Court vide order dated 01.04.2024 and applicant is in jail since 27.09.2023 but only part statement of one witness has been recorded so far and thus, trial of the case is likely to take sufficient long time. It was further submitted that father of applicant is suffering from serious illness and there is no one to look after him. The applicant has no criminal history. Learned counsel has referred a case of Sumit Subhaschandra Gangwal & Anr. Vs. State of Maharashtra & Anr. 2023 LawSuit (SC) 1278 and submitted that in view of the aforesaid facts and period of detention the applicant may be granted bail. 4. Learned A.G.A. and learned counsel for the informant have opposed the bail application and submitted that deceased has suffered death due to hanging within a short period of six months of her marriage. There is evidence that deceased was being harassed by applicant and his family members on account of dowry. The first bail application of applicant has already been rejected on merits. 5. Considering the submissions of learned counsel for the parties and all attending facts, particularly the period of detention and the fact that cause of death of deceased has been shown hanging, without expressing any opinion on merits, a case for bail is made out. Hence, the present second bail application is hereby allowed. 6. Let the applicant - Sunny involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 7. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 8.4.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad