Gyanesh Kumar Vs State of U.P.

The present second bail application has been filed on behalf of the applicant Gyanesh Kumar with a prayer to release him on bail in Case Crime No.579 of 2023, under Sections 304-B, 498A I.P.C. and Section 3/4 D.P. Act, P.S. Hariparwat, District-Agra, during the pendency of the trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The applicant is husband of the deceased. The marriage of deceased with applicant has taken place only one week prior to the incident. Learned counsel for the applicant has referred the statement of the brother of the deceased, wherein he has not stated any such fact that the deceased was harassed on account of dowry. It was submitted that the deceased remained in matrimonial home only for a few days. The deceased was a mature lady aged 28 years. In postmortem report except ligature mark, no injury has been shown on body of deceased and cause of death is antemortem hanging.

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It is further submitted that deceased wanted to marry with someone else and as her marriage with applicant has taken place against her wishes, due to which she has committed suicide. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 28.11.2024 and that applicant is in jail since 18.12.2023 but only one witness has been examined before the trial Court so far. It was pointed out that PW-1 was examined on 09.05.2025 and after that no other witness has appeared

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BAIL No. 21590 of 2025

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2

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before the trial Court. It was stated that there are number of witnesses, thus trial of the case would take sufficient long time, whereas applicant has already undergone detention of about 22 months. The applicant has no criminal history. Referring to facts of the matter, it was submitted that applicant may be granted bail.

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Learned A.G.A. has opposed the prayer for bail and submitted that applicant is husband of deceased, who has suffered death due to hanging within a short period of her marriage.

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Considering submissions of learned counsel for the parties and all attending facts, including period of detention and stage of trial, without expressing any opinion on the merits, a case for bail is made out.

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The bail application is allowed .

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Let the applicant - Gyanesh Kumar involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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i. The applicant shall not tamper with the evidence during the trial.

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ii. The applicant shall not pressurize/ intimidate any of the prosecution witness.

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iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted.

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iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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v. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.

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October 9, 2025 'SP'/-

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(Raj Beer Singh,J.)

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Gyanesh Kumar v. State of U.P.

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Gyanesh Kumar v. State of U.P.

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