HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32484 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Yogendra Misra, learned counsel for the applicant, Sri DPS Chauhan, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.192 of 2026, under sections- 85, 80(2), 108 B.N.S. and section 3/4 Dowry Prohibition Act, Police Station Jasrana, District Firozabad, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant is the husband of the deceased who committed suicide by hanging. It is further submitted that from the statements of mediator of marriage, other witnesses and statement of doctor who treated the victim lastly, it is clear that dispute between the applicant and the victim was that the victim was having relationship with one boy Vishal, who is neighbour of the applicant and applicant has taken the mobile of the victim to stop her to talk with Vishal and, thereafter, she committed suicide by hanging and applicant as well as his mother rushed the victim to hospital where the doctor could not save her. It is further submitted that it is clear from all the evidence that there was no demand of dowry or harassment to the deceased, only dispute was illicit relationship of the victim with one Vishal. It is lastly submitted that the CDR of the mobile phone of the victim shows that she was in continuous touch with Vishal and having conversation of 460 times. Therefore, presumption u/s 118 of BSA is not attracted. It is further Versus Counsel for Applicant(s) : Ayush Mishra, Yogendra Misra Counsel for Opposite Party(s) : G.A. Brijpal Alias Sopali .....Applicant(s) State of U.P. .....Opposite Party(s) submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 17.04.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the aforesaid submission and taking into account the statements of mediator and other independent witnesses including the doctor as well as CDR of the mobile phone of the victim, it is clear that victim herself committed suicide when her husband stopped her from talking with one boy Vishal and keeping in view the nature of offence, evidence, complicity of the 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. 6. Let the applicant- Brijpal alias Sopali, 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 BAIL No. 32484 of 2026 2 without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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. 11. It is further 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. 12. Office is directed to send a copy of this order to the applicant through Firozabad Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order 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 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. September 14, 2026 S.C. BAIL No. 32484 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad