HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30994 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. and perused the record. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Session Trial No. 196 of 2025 arising out of Case Crime No. 48 of 2025, under Sections 85, 80(2) B.N.S. and Sections 3/4 Dowry Prohibition Act, Police Station-Kurra, District-Mainpuri during the pendency of trial. 3-As per the prosecution case in brief, complainant-Sukhpal, who is father of the deceased got an F.I.R. lodged on 05.03.2025 against Om Pratap @ Lalla (husband) and Vandana (sister-in-law/jethani) of the deceased making allegation inter-alia that the marriage of his daughter (deceased) with the applicant was solemnized on 11.06.2019 but after the said marriage, she was being harassed in her matrimonial home on account of non-fulfilment of additional demand of dowry of Rs. 2,00,000/-, one motorcycle and one gold chain. F.I.R. further alleges that on 27.02.2025 at about 04:00 am, applicant informed him that his daughter has committed suicide. 4-It is argued by learned counsel for the applicant that the applicant is husband of the deceased and has been falsely implicated in the present case. Much emphasis has been given by contending that deceased has committed suicide leaving behind her three minor children (one son aged about 3 years and two twin daughters aged about 1-1/2 years each) and currently, they are residing at the Versus Counsel for Applicant(s) : Sarveshwar Singh Counsel for Opposite Party(s) : G.A. Ompratap Alias Lala .....Applicant(s) State of U.P. .....Opposite Party(s) applicant's house and are being taken care of by the brother of the applicant as applicant's parents are no more. It is also submitted that in fact, the marriage of the deceased was earlier solemnized with one Annu but she, without taking divorce from her first husband, started living in a live-in relationship with the present applicant and during this period, three children were born to her from the said relationship of applicant. Later on, the first husband of the deceased started creating hindrance in the peaceful living of the deceased, therefore, she has committed suicide. It is also pointed out that the investigating officer did not record the statement of Annu (first husband of the deceased). It is further pointed out that as soon as the deceased committed suicide, the information about the said incident was given by the applicant to her parents, hence, considering the bona-fide conduct of the applicant who has no criminal history to his credit and is languishing in jail since 27.05.2025 may be enlarged on bail. It is lastly submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-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. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the cause of death of the deceased is asphyxia due to ante-mortem hanging. The deceased committed suicide leaving behind her three children, as noted above and no effort has been made from the side of the maternal grandfather and grandmother to take care of children of the deceased. This Court is of the view that the parents are responsible to take care of the children. Without proper upbringing, their life may be ruined. Record of the case reveals that at this time, brother of the applicant is taking care of them, therefore, in the interest of justice, this Court feels that the applicant should be enlarged on bail. 7-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 view that the applicant has made out a fit case for bail. BAIL No. 30994 of 2025 2 Hence, the bail application is hereby allowed. 8-Let the applicant-Ompratap @ Lala be released on bail in the aforesaid case 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 before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10-It is made clear that observations made in this order are confined to the issue of bail and shall not effect the merit of the trial. September 10, 2025 Saurabh BAIL No. 30994 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad