Neutral Citation No. - 2025:AHC:107129 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1617 of 2024 Applicant :- Gulab Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Adiba Khatoon,Aditya Kumar Kashyap,Arvind Kumar Shukla,G.A.,Jitendra Pratap Singh,Sunil Kumar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Adiba Khatoon and Sri Aditya Kumar Kashyap, learned counsels for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 791 of 2015 (Case No.2382 of 2016), under Sections 498-A, 304-B, 120-B I.P.C. and 3/4 D.P. Act, Police Station- Nebua Naurangia, District- Kushinagar, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites about five years before her death and it was a love marriage. Out of said wedlock, a baby-girl was born. The applicant and other family members are stated to have subjected her to cruelty for demand of a motorcycle as dowry, thereby leading her to death on 30.5.2015. The deceased had expired due to fire burn injuries sustained on 14.2.2015. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. It is true that applicant is the husband of the deceased person but he was not present at the place of occurrence as he was in Saudi Arabia attending his duties there at Riyadh. The applicant had no knowledge about the said incident and subsequently he came from abroad and went to jail on 28.11.2023, as such, he has nothing to do with the said offence. 6. Learned counsel for the applicant has further stated that there is no question of demand of dowry as it is mentioned in the FIR itself that it was the love marriage between the two, deceased and the applicant. The cause of death was septicemia due to antemortem burn injuries. Learned counsel has stated that only one witness of fact has been examined and the said statement also fortifies the fact that applicant was not present at the time of offence. 7. It is further argued by learned counsel for the applicant that the criminal history of one case u/s 174-A I.P.C. assigned to the applicant has been explained. The applicant is languishing in jail since 28.11.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that it was a love marriage between the deceased and applicant coupled with the fact that applicant was not present at the time of offence and the said fact stands fortified from the statement of one witness of fact examined during trial, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Gulab Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 8.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad