In dowry death cases, bail may be granted if the post-mortem report suggests suicide and the defense provides a probable cause for depression, provided the accused has no criminal history and the presumption of innocence is maintained.

1. Heard Sri Jay Singh Yadav, learned counsel for the applicant and Sri Kunwar Tejandra Bahadur, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 540 of 2024, under Sections 80(2), 85 BNS and Section 3 /4 D.P. Act , Police Station Bisauli, District Budaun during pendency of the trial.

3. Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation he has been made accused in the present matter.

4. He further submits, marriage of the applicant was solemnized with the deceased in July, 2022 and after marriage with their wedlock however two children were born one female child and one male child but unfortunately both died and this fact is even evident from the statement of informant recorded during investigation which has been annexed along with instant bail application. He further submits, only due to above reason deceased after the death of her children went under depression and in spite of best efforts of the applicant she could not recover from the shock and ultimately she committed suicide by hanging.

5. He further submits, after her death on the basis of false allegation of torture and demand of dowry informant i.e. her father lodged FIR of the present case.

6. He further submits, even post mortem report suggests that deceased died due to hanging and apart from the ligature mark she did not sustain any injury and even her Hyoid bone was found intact, therefore, prima facie it appears to be a case of suicidal death.

7. He further submits, applicant is not having any criminal history and in the present matte he is in jail since 03.02.2025 i.e. for last more than a year.

8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

9. I have heard learned counsel for the parties and perused the record of the case.

10. However, applicant is husband of the deceased and his wife died within three years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of torture for demand of motorcycle and Rs. 72,000/- but post mortem report suggests that deceased died due to hanging and apart from the ligature mark she did not sustain any injury and her Hyoid bone was also found intact, therefore prima facie it appears to be a case of suicidal death.

11. Further, it appears, however, with the wedlock of applicant and deceased two children were born one female child and another male child but unfortunately both had died and therefore defence taken by the applicant in the instant bail application that due to the death of her children deceased was under depression and committed suicide cannot be completely brushed aside at this stage.

12. In view of this Court if defence taken by either the husband or his family members in case of dowry death where prima facie it appears deceased committed suicide appears to be probable then their bail application can be considered.

13. Further, applicant is not having any criminal history and in the present matte he is in jail since 03.02.2025 i.e. for last more than a year.

14. 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 purpose.

15. Therefore,