HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35001 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 194 of 2025, under Sections 80(2), 85, 238 BNS and 3/4 Dowry Prohibition Act, Police Station- Tajganj, District Agra. 3. This is second bail application. The first bail application has been rejected by this Court vide order dated 17.07.2026 in Criminal Misc. Bail Application No.45402 of 2025. 4. Contention of learned counsel for the applicant is that the applicant is husband of the deceased, who died by committing suicide by hanging. It is further submitted that though in the investigation the first informant Sanju Kumar (brother of the deceased) as well as Shyam Sunder (another brother of the deceased) and Bahadur Singh, uncle of the deceased supported the prosecution story and stated, in their statements that the deceased was committed suicide because of continuous harassment by applicant and his family members for non-fulfillment of demand of dowry. However, during the trial, both the brothers of the deceased were examined as PWs 1 and 2 and uncle of the deceased was examined as PW 3, wherein they specifically stated that the deceased was suffering from illness due to which she became short temper and suffering from unbearable pain in body, for that reason, she committed suicide and the applicant or his family members never demanded any dowry or harassed the deceased for demand of dowry. It is further Versus Counsel for Applicant(s) : Ashutosh Kumar Pandey Counsel for Opposite Party(s) : G.A. Somdutt .....Applicant(s) State of U.P. .....Opposite Party(s) submitted that statements of first informant as well as other family members of the deceased, recorded during the trial, show that the deceased was committed suicide because of illness and acute pain in body, and not for harassment for dowry. Therefore, the applicant is entitled to be released on bail. The applicant is languishing in jail since 02.03.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the statements of first informant Sanju Kumar, PW 2, Shyam Singh and PW 3 Bahadur Singh, uncle of the deceased, it is evident that they have not supported the prosecution story during the trial and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 as well as guideline of this Court in the case of Maya Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 7. Let the applicant- Somdutt involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of BAIL No. 35001 of 2026 2 any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned. 11. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through Agra Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within 24 hours in compliance of the orders of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as in the case of Pila Pahan @ Peela Pahan and others vs State of Jharkhand and another, in Writ Petition (Criminal) No.169 of 2025 decided on 29.05.2026. 14. Application, if any, stands disposed of. October 8, 2026 A.Kr. BAIL No. 35001 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad