HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31293 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State 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 Case Crime No. 108 of 2024, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Kadadham, District-Kaushambi during the pendency of trial. 3-As per the prosecution case in brief, complainant Naresh Kumar, who is brother of the deceased lodged an F.I.R. on 28.05.2024 against Phool Chandra (applicant) stating inter-alia that the marriage of his sister was solemnized with the applicant in the year 2020 but after the said marriage, applicant used to demand additional dowry, regarding which a compromise was also done. F.I.R. further alleges that on 28.05.2025, he came to know that his sister has committed suicide. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is husband of the deceased and has been falsely implicated in this case. Referring the statement of the complainant-Naresh Kumar recorded as PW-1 before the trial court, it is pointed out that the complainant, in his examination-in-chief, did not support the prosecution case, therefore, he has been declared hostile and even in cross-examination, he has clearly stated inter-alia that the applicant is not at fault in the suicide committed by his sister. On the strength of aforesaid facts, it is further argued that now there Versus Counsel for Applicant(s) : Mahesh Kumar Counsel for Opposite Party(s) : G.A. Phool Chandra .....Applicant(s) State of U.P. .....Opposite Party(s) is a bleak chance of conviction of the applicant, hence, the applicant who has has no criminal history and is languishing in jail since 29.05.2024 may be enlarged on bail. 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 substance in the submission of learned counsel for the applicant that the complainant has been declared hostile and he did not support the prosecution case, as noted above. In the light of statement of the complainant, recorded before the trial court, applicant has made out a prima-facie case for 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, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. 8-Let the applicant-Phool Chandra, 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 BAIL No. 31293 of 2025 2 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. September 12, 2025 Saurabh BAIL No. 31293 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad