HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32519 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Mahendra Pal Singh Gaur, learned counsel for the applicant, Sri Anuj Kumar Gupta, learned counsel for the first informant and Sri Rakesh Mumar Mishra, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime no. 135 of 2026, U/s 85, 80 (2) BNS and 3/4 of Dowry Prohibition Act, Police Station- Islam Nagar, District Budaun. 3. As per the prosecution story, the applicant is husband of the deceased, who died because of septicemia as deceased was suffering from serious infection and pus was found in her lungs. Allegation against the applicant is that despite knowing the fact that the deceased was seriously ill, he intentionally did not consult a doctor for her treatment. 4. Learned counsel for the applicant submitted that from perusal of statement of independent witnesses on record, it is clear that the applicant is labourer working on brickkiln and poor person. Due to his poor financial condition, he could not provide proper treatment to the deceased and telling the deceased that her parents should arrange money for treatment, will not attract the ingredients of Section 118 BSA. The applicant has been falsely implicated. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 23.07.2026. 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 statement of independent witnesses as well as opinion of doctor regarding death of deceased due to negligence in her Versus Counsel for Applicant(s) : Amit Kumar, Mahendra Pal Singh Gaur Counsel for Opposite Party(s) : Anuj Kumar Gupta, G.A. Dinesh .....Applicant(s) State of U.P. .....Opposite Party(s) treatment 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- Dinesh 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 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 Budaun BAIL No. 32519 of 2026 2 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. September 14, 2026 A.Kr. BAIL No. 32519 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad