HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4603 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Rejoinder affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Saurabh Pandey, learned counsel for the applicant, Sri Rakesh Chandra, learned counsel for the informant and Sri Rajiv Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.810 of 2025, under Sections 80(2), 85 BNS and Section 3/4 D.P. Act, Police Station Robertsganj, District Sonbhadra, during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation he has been made accused in the present matter. 5. He further argued, actually native place of the applicant is District Sonbhadra and deceased used to reside their but applicant resided in Varanasi as he was rickshaw puller in District Varanasi. He next submits, deceased also insisted to live with him in Varanasi but due to his poor financial condition applicant could not keep her with him in Varanasi and Versus Counsel for Applicant(s) : Saurabh Pandey Counsel for Opposite Party(s) : Rakesh Chandra, G.A. Asgar .....Applicant(s) State of U.P. .....Opposite Party(s) therefore, she was under depression. 6. He further argued, even although, more than two and half years of marriage were passed but deceased could not conceive and, therefore, due to above these reasons, she committed suicide by hanging. 7. Here next submits, postmortem report of the deceased also suggests that she died due to hanging and apart from the ligature mark she did not sustain any injury and even her hyoid bone was found intact and, therefore, prima facie it appears to be suicidal death. 8. He further submits, even informant in his statement before the trial court disclosed the fact that deceased in spite of more than two years of her marriage could not conceive. 9. He further argued, application is not having any previous criminal history and in the present matter he is in jail since 11.8.2025 i.e. for last nine months. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. Sri Rakesh Chandra Tiwari, learned counsel for the informant on the other hand submits, as per his instructions informant is not having any objection if the applicant is enlarged on bail. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, applicant is husband of the deceased and his wife died within three years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of torture for demand of Rs.5,00,000/- and a motorcycle but postmortem report of the deceased suggests that she died due to hanging and apart from the ligature mark she did not sustain any injury and even her hyoid bone was found intact therefore, prima facie it appears to be a case of suicidal death and considering the statement of informant recording during investigation, the reason of suicide disclosed by learned counsel for applicant during the BAIL No. 4603 of 2026 2 course of argument can not be ruled out at this stage. 14. Further, even it appears, informant of the case is not having any objection if the applicant is enlarged on bail and this fact prima facie suggests that it is not case of dowry death. 15. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 11.08.2025 i.e. for last almost nine months. 16. Further, the law is settled unless proven guilty an accused is deemed to be innocent and his bail application should not be rejected either for preventive or punitive purpose. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant -Asgar 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. 20. 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. 21. It is clarified that the observations made herein are limited to the facts BAIL No. 4603 of 2026 3 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. May 5, 2026 S.A. BAIL No. 4603 of 2026 4 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad