HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9137 of 2026 Court No. - 67 HON'BLE SAMEER JAIN, J. 1. Heard Kumari Poonam Rajpoot, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.208 of 2025, under Sections 85,80(2) and 351(2) BNS and Section 3/4 Dowry Prohibition Act, Police Station Anoopshahar, District Bulandshahar during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is the husband of the deceased but on the basis of false allegation he has been made accused in the present matter. 4. She further argued that actually after marriage deceased suffered with some gynae issue and she was under continuously medical treatment and her medical prescription of the year 2024 has been annexed along with the instant bail application and when she conceived then due to gynae problem she gathered an impression that she could not safely deliver child and therefore, she was under fear and she insisted to visit her paternal home but due to medical advice applicant and his family members did not permit her therefore she committed suicide by hanging. 5. She next submits that medical report of the deceased of the year 2024 clearly suggests that she was suffered with uterus bleeding and her treatment was going on. 6. She further submits that even post mortem report of the deceased suggests that she died due to hanging. 7. She further submits that immediately after unfortunate incident family members of the deceased and Police were informed and thereafter inquest was conducted on Versus Counsel for Applicant(s) : Dharam Singh, Kumari Poonam Rajpoot, Prem Babu Verma Counsel for Opposite Party(s) : G.A. Rupesh .....Applicant(s) State of U.P. .....Opposite Party(s) 18.5.2025 and during inquest even informant was present but after six days on 24.5.2025 he lodged FIR of the present case and this fact clearly suggests that FIR is based on false and frivolous allegation of torture in connection to demand of dowry and actually it is not the case of dowry death. 8. 8. she further submits that apart from the present case applicant is not having any previous criminal history and in the present matter he is in jail since 6.6.2025, i.e,for the last more than nine months. 9. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is the husband of the deceased and his wife died within a year year of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of torture in connection to demand of Rs. Fifty Thousand and a motorcycle but post mortem report of the deceased suggests that she died due to hanging and, therefore, possibility of suicide committed by deceased cannot be ruled out at this stage. 12. Further, however, post mortem report of the deceased also suggests that at the time of death deceased was pregnant too but considering medical prescription of the deceased of the year 2024, the reason of suicide disclosed by learned counsel for the applicant during the course of argument cannot be completely ruled out at this stage. 13.Further, even there is delay of six days in lodging the FIR of the present case. However, it reflects that immediately after the incident informant side was informed and even informant on 18.5.2025 was present during inquest proceedings and he was also one of the inquest witnesses. 14. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 6.6.2025,i.e.,for the last more than nine months. 15. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive purposes. 16. Therefore, considering the facts and circumstances of the case discussed above in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Rupesh 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 BAIL No. 9137 of 2026 2 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. 19. 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. 20. It is clarified that the observations made herein are limited to the facts 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. March 18, 2026 SKM BAIL No. 9137 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad