Neutral Citation No. - 2025:AHC:60570 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3136 of 2025 Applicant :- Fatima And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.,Shahroze Khan Hon'ble Sameer Jain,J. 1. Counter affidavit filed on behalf of the informant in the Court is taken on record. 2. Heard Shri Vijay Prakash Chaturvedi, learned counsel for the applicants, Shri Ashutosh Singh, learned A.G.A. for the State- respondent and Shri Durvijay Singh, Advocate holding brief of Shri Shahroze Khan, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicants on bail in Case Crime No.194 of 2024, under Section 108 B.N.S., Police Station Itwa, District Siddharth Nagar, during pendency of the trial in the court below. 4. Learned counsel for the applicants submits that applicants are in-laws of the deceased and on the basis of false allegation of torture, they have been made accused in the present matter. 5. He further submits that however, as per allegation, due to the abetment of the applicants, deceased committed suicide but there is no cogent evidence in this regard against the applicants on record. 6. He further submits that however, earlier in the year 2023, deceased herself filed a complaint against applicant no.1 and others but actually some matrimonial dispute arose between husband and wife and therefore, she filed the said complaint and being mother-in-law, applicant no.1 has also been made accused in that complaint. 7. He further submits that again some matrimonial dispute arose between husband and wife and thereafter deceased committed suicide by consuming some poisonous substance and only being in-laws of the deceased, applicants have been made accused in the present matter. 8. He further submits that applicant no.1 is lady and except the present case and earlier complaint case filed by the deceased, applicant no.1 is having no criminal history to her credit. 9. He further submits that applicant no.2 is father-in-law of the deceased and he is having no previous criminal history to his credit. 10. He further submits that applicants are in jail in the present matter since 27.12.2024. 11. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicants are in-laws of the deceased and there is evidence of torture against them too and due to their torture earlier in the year 2023, deceased herself filed a complaint against applicant no.1 and others, therefore, it cannot be said that there is no evidence of abetment against the applicants and therefore, considering the fact that applicants are in-laws of the deceased, they should not be released on bail. 12. I have heard learned counsel for both the parties and perused the record of the case. 13. Applicants are in-laws of the deceased and as per allegation due their abetment their daughter-in-law committed suicide and record also suggests that earlier in the year 2023, deceased herself filed a complaint against applicant no.1 and others but argument advanced by learned counsel for the applicants that merely due to matrimonial dispute, she filed earlier complaint and again due to matrimonial dispute with her husband, she committed suicide, cannot be ruled out. 14. Further, applicant no.1 is lady and except the present case and earlier complaint case filed by the deceased, applicant no.1 is having no criminal history to her credit. 15. Further, applicant no.2 is father-in-law of the deceased and he is having no previous criminal history to his credit. 16. Further, applicants are in jail in the present matter since 27.12.2024. 17. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and his/her bail application should not be rejected for punitive purposes. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicants- Fatima and Jangi Miyan, 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:- (i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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. (iii) The applicants shall not indulge in any criminal and anti-social activity. 21. 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 applicants. 22. 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. Order Date :- 22.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad