HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30779 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Dinanath, who is involved in Case Crime No. 237 of 2025, under Sections 80(2), 85 BNS and Section 3/4 Dowry Prohibition Act, police station Badagaon, district Varanasi, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is father of the deceased, got an F.I.R. lodged on 02.06.2025 for the offence under Sections 80(2), 85 BNS and Section 3/4 Dowry Prohibition Act against Rohit Kumar, Mohit Kumar, Munni Devi, Dinanath (present applicant), who are husband, brother-in-law, mother-in-law and father-in-law of the deceased, respectively, stating inter alia that marriage of his daughter was solemnized on 08.06.2023 with Rohit but after marriage, she was being harassed and tortured in her matrimonial home on account of non-fulfillment of their demand of dowry of Rs. 5 lacs and later she was done to death by the accused persons. Main substratum of arguments of learned counsel for the applicant is that the applicant has been falsely implicated in this case. General allegation of demand of dowry has been attributed to all the accused Versus Counsel for Applicant(s) : Amit Misra, Deepak Kumar Patel, Swetakshi Singh Counsel for Opposite Party(s) : G.A. Dinanath .....Applicant(s) State of U.P. .....Opposite Party(s) persons. Although in the F.I.R., it is alleged that the deceased was done to death by the accused persons whereas as per the post mortem report, cause of death of the deceased was asphyxia as a result of hanging and except the ligature mark, no injury was found on her body. It is also submitted that information about death of the deceased was also given from the side of the applicant to the complainant. Thereafter, he alongwith other persons reached at the spot prior to cremation of the dead body of deceased. It is also pointed out that charge-sheet has been submitted against Rohit Kumar, Munni Devi and Dinanath (applicant) whereas Mohit Kumar has been exonerated after investigation as his complicity was found false. It is also pointed out that co-accused Munni Devi (mother-in-law of the deceased) has been granted bail by the coordinate Bench of this Court vide order dated 11.08.2025 passed in Criminal Misc. Bail Application No. 27545 of 2025. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 02.06.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that cause of death of the deceased is asphyxia as a result of ante mortem hanging. I also find that co- accused Munni Devi under similar accusation has been granted bail as noted above. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Dinanath be released on bail in the aforesaid case BAIL No. 30779 of 2025 2 crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 10, 2025 Shubham BAIL No. 30779 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad