HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29630 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Atul Kumar Pandey, learned counsel for the applicant, Sri Sapan Kumar Singh, learned Advocate holding brief of Sri Ravindra Singh, learned counsel for informant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 319 of 2024, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Katghar, District Moradabad during pendency of the trial. 3. Learned counsel for the applicant submits, this is second bail application filed on behalf of applicant and first bail application of the applicant was dismissed by this Court vide order dated 08.01.2025 after considering the fact that applicant is husband of the deceased and his wife died within four and half years of her marriage under abnormal circumstances and there is also allegation of demand of dowry but he is pressing the instant second bail application on the ground that applicant is in jail since 24.06.2024 i.e. for last more than fifteen months and till date trial of the case could not be concluded. 4. He further submits, in the charge-sheet there are as many as 21 witnesses but till date even testimony of PW-1 is underway and therefore there is no hope of early disposal of trial. 5. He further submits, even from the post mortem report it reflects, deceased died due to hanging, therefore, prima facie it appears to be a case of suicidal Versus Counsel for Applicant(s) : Atul Kumar Pandey Counsel for Opposite Party(s) : Ravindra Singh, G.A. Ravi .....Applicant(s) State of U.P. .....Opposite Party(s) death. He further submits, applicant is not having any criminal history. 6. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail and submitted that this is second bail application filed on behalf of the applicant and applicant is husband of the deceased and after considering the entire facts of the case in detail, the first bail application of the applicant was dismissed. They further submitted that however in the charge-sheet there are 21 witnesses and till till date even testimony of PW-1 could not be completed but due to the conduct of the applicant trial is being lingered on but they could not dispute the fact that from the post mortem report it reflects, deceased died due to hanging and applicant is not having any criminal history. 7. I have heard learned counsel for the parties and perused the record of the case. 8. This is second bail application filed on behalf of applicant and first bail application of the applicant was dismissed by this Court after considering the fact that he is husband of the deceased and his wife died within seven years of her marriage under abnormal circumstances and there is also allegation of demand of dowry but it reflects, in the present matter applicant is in jail since 24.06.2024 i.e. for last more than fifteen months and trial of the case could not be concluded. 9. Further, post mortem report suggests that deceased died due to hanging, therefore, prima facie it appears to be a case of suicidal death. 10. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive purpose. Further, bail is a rule while jail is an exception. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Ravi 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:- BAIL No. 29630 of 2025 2 (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. 14. 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. 15. 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. September 26, 2025 AK Pandey BAIL No. 29630 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad