Akash vs State of U.P.

Neutral Citation No. - 2025:AHC:114725

Court No. - 82

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8206 of 2025

Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Pratima Pandey,Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned A.G.A. for the State-respondent.

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The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.109 of 2024, under Sections 304-B, 498-A, 323 I.P.C. and Sections 3/4 D.P. Act, Police Station Sungarhi, District Pilibhit, during pendency of the trial.

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Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court vide order dated 18.11.2024 after considering the fact that applicant is husband of the deceased and his wife died within seven years of her marriage under abnormal circumstances and there is also allegation of demand of dowry but he is pressing the instant second bail application on the ground that when during trial parents and uncle of the deceased appeared before the trial court then they did not support the prosecution case and they have been declared hostile and their statements recorded before the trial court have been annexed alongwith instant second bail application.

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He further submits that even post-mortem report suggests that deceased died due to hanging, therefore, prima-facie, it appears to be a case of suicidal death.

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He further submits that applicant is having no other criminal history to his credit and he is in jail in the present matter since 31.03.2024 i.e. for last more than a year.

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Per contra, learned AGA opposed the prayer for bail and submits

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that this is the second bail application filed on behalf of the applicant and his first bail application has already been dismissed on merit but could not dispute the fact that when during trial parents and uncle of the deceased appeared before the trial court then they did not support the prosecution case and they have been declared hostile.

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He further could not dispute the fact that post-mortem report suggests that deceased died due to hanging, therefore, prima-facie, it appears to be a case of suicidal death.

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He further could not dispute the fact that applicant is having no other criminal history to his credit and he is in jail in the present matter since 31.03.2024 i.e. for last more than a year.

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I have heard both the parties and perused the record of the case.

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However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court after considering the fact that applicant is husband of the deceased and his wife died within seven years of her marriage under abnormal circumstances and there is also allegation of demand of dowry but it reflects, when during trial parents and uncle of the deceased appeared before the trial court then they did not support the prosecution case and they have been declared hostile.

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Further, post-mortem report suggests that deceased died due to hanging, therefore, prima-facie, it appears to be a case of suicidal death.

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Further, applicant is having no other criminal history to his credit and he is in jail in the present matter since 31.03.2024 i.e. for last more than a year.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is not entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Akash 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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.

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Order Date :- 15.7.2025 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Akash v. State of U.P.

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Akash v. State of U.P.

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