HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32259 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 learned counsel appearing on behalf of the first informant / complainant. By means of this bail application, applicant Ramcheez, who is involved in Case Crime No. 78 of 2024, under Sections 80(2), 85, 115(2), 352, 351(3), 123 BNS and Section 3/4 Dowry Prohibition Act, police station Badesar, district Ghazipur, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant Sandeep Kumar, who is brother of the deceased Sadhna, got an F.I.R. lodged on 10.07.2024 against Ramcheej and Baijnath, who are husband and father-in-law of the deceased, respectively, stating inter alia that marriage of his sister Sadhna was solemnized on 19.11.2019 with the applicant. When after two years of her marriage, his sister could not conceive the child then accused persons started harassing and torturing her and they used to make demand of a ring and motorcycle. Since he was unable to fulfill their demand, therefore, his sister was done to death on 09.07.2024 and information about the said incident was given by the applicant on 10.07.2024 at about 07:30 A.M. It is argued by learned counsel for the applicant that the applicant is husband of the deceased and has been falsely implicated in this Versus Counsel for Applicant(s) : Sudist Kumar Counsel for Opposite Party(s) : G.A., Nagendra Kumar Singh Ramcheez .....Applicant(s) State of U.P. .....Opposite Party(s) case. Marriage of the applicant with the deceased Sadhna was solemnized in the year 2019 and it is admitted case of the prosecution that soon after the marriage, there was no harassment of the deceased and there was no demand of dowry. The allegation has been levelled that when she could not conceive the child then after two years, the accused persons demanded a ring and motorcycle, which is false and against the evidence on record. He next submits that as per the post mortem report, cause of death of the deceased could not be ascertained, therefore, viscera was preserved and in the viscera report, carbamate insecticides poison has been found. Much emphasis has been given by contending that the deceased was issueless and she was not capable to deliver child, therefore, she was under depression and committed suicide by consuming poisonous substance. It is also pointed out that before the trial Court, statement of the complainant has been recorded as PW-1 on 31.05.2025, in which he has stated inter alia that his sister was very much upset and depressed because of being issueless. It is further submitted that co-accused Baijnath, who is father-in-law of the deceased, has been granted bail by the coordinate Bench of this Court vide order dated 17.03.2025 passed in Criminal Misc. Bail Application No. 6774 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 27.10.2024 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 as well as learned counsel for the informant opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the F.I.R. but they do not dispute that the deceased was issueless, therefore, she was very much depressed. Since allegation of the prosecution and defence of the accused are still open to be urged before the trial Court, therefore, this Court is not recording any finding on merit of the case as well as about statement of PW-1. BAIL No. 32259 of 2025 2 Considering the overall facts and circumstances of the case as well as the fact that statement of PW-1 has been recorded before the trial Court, therefore, there is no possibility of tampering of evidence by the accused, hence, the applicant has made out a prima facie case for bail. Accordingly, the bail application of the applicant is hereby allowed. Let the applicant Ramcheez 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 19, 2025 Shubham BAIL No. 32259 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad