HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32466 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. 129 of 2024, under Sections 498-A, 328, 304-B I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station Mansurpur, District Muzaffarnagar during the pendency of trial. 3-As per the prosecution case in brief, complainant Satish who is father of the deceased-Rachna got a first information report lodged on 27.05.2024 against Shivam (applicant), Munesh, Kranti and Shiva who are husband, father-in-law, mother-in-law and brother- in-law of the deceased respectively stating inter-alia that the marriage of his daughter Rachna was solemnized two years' back with the present applicant but after the said marriage, there was a consistent demand of dowry and harassment of his daughter in her matrimonial home and due to the said reason, his daughter has consumed poisonous substance. 4-It is argued by learned counsel for the applicant that the applicant is husband of the deceased and he has been falsely implicated in this case. Much emphasis has been given by contending that before the trial court, statement of Satish Kumar Versus Counsel for Applicant(s) : Mishra Vikas Kumar Prabhunath, Prashant Ji Pandey Counsel for Opposite Party(s) : G.A. Shivam .....Applicant(s) State of U.P. .....Opposite Party(s) (complainant), Dharmendra Kumar and Pradeep Kumar who are father, uncle and tau of the deceased has been recorded as PW-1, PW-2 and PW-3 respectively but they did not support the prosecution case and at the request of prosecution, they have been declared hostile in their examination-in-chief, hence, there is a bleak chance of conviction of the applicant, who is languishing in jail since 29.05.2024. 5-On the other hand, learned A.G.A. opposed the prayer for bail of the applicant by reiterating the prosecution case as mentioned in the first information report by contending that since the cause of death of the deceased could not be ascertained, therefore, her viscera was preserved, in which 'carbamate insecticide poison' was found. 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 relevant prosecution witnesses, as noted above, have been declared hostile as they did not support the prosecution case, therefore, the applicant has made out prima-facie case for bail. 7-Accordingly, the instant bail application is hereby allowed. 8-Let the applicant-Shivam, 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. BAIL No. 32466 of 2025 2 (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. September 22, 2025 Saurabh BAIL No. 32466 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad