Neutral Citation No. - 2025:AHC:26289 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1997 of 2025 Applicant :- Chand Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.,Santosh Mani Shukla Hon'ble Sameer Jain,J. 1. Heard Sri Rama Shankar Mishra, learned counsel for the applicant, Sri Santosh Mani Shukla, learned counsel for the informant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 437 of 2024, under Sections 85, 80(2), 115(2) B.N.S. and Section 3/4 D.P. Act, Police Station Akbrabad, District Aligarh during pendency of the trial. 3. FIR of the present case was lodged on 12.08.2024 against applicant and his family members and according to the FIR marriage of the applicant was solemnized with the daughter of the informant on 05.04.2019 and after marriage applicant and his family members started torturing her for demand of money. It is further mentioned in the FIR that when after receiving information, informant arrived at her matrimonial home then found that she was in hanging condition. It is further mentioned in the FIR that co-accused Jan Mohammad, the father-in-law of the deceased used to make demand of Rs. 50,000/-. 4. Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter. 5. He further submits, even from the FIR, it reflects that however there is allegation of demand of dowry but demand of dowry was made by co-accused Jan Mohammad i.e. father-in-law of the deceased. 6. He further submits, actually even after five years of her marriage, deceased could not conceive, therefore, due to this reason she was under depression as neighbors and other family members taunted her and only due to this reason she committed suicide by hanging herself. He further submits, post mortem report also suggests that deceased died due to hanging. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 02.08.2024 i.e. for last more than six months. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within five years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but they could not dispute the fact that as per FIR, co-accused Jan Mohammad i.e. father-in-law of the deceased used to make demand of Rs. 50,000/-. They further could not dispute the fact that post mortem report of the deceased suggests that deceased died due to hanging. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is husband of the deceased and his wife died within five years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but record suggests that co-accused Jan Mohammad, the father-in-law of the deceased used to torture her for demand of Rs. 50,000/-. 11. Further, post mortem report suggests that deceased died due to hanging, therefore, at this stage, it cannot be said that it is not a case of suicidal death and reason of suicide disclosed by the applicant in the instant bail application, cannot be ruled out at this stage. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 02.08.2024 i.e. for last more than six months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Chand Khan 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:- (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. 16. 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. 17. 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. Order Date :- 24.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad