Neutral Citation No. - 2025:AHC:20122 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43451 of 2024 Applicant :- Upendra @ Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by the State-respondent is taken on record. 2. Heard Shri Sanjay Mishra, learned counsel for the applicant and Shri Ashutosh Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.237 of 2024, under Section 108 B.N.S., Police Station Bakewar, District Etawah, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 02.08.2024 against applicant and his family members and according to the FIR, marriage of the applicant was performed with the sister of the informant in the year 2011and after marriage, applicant and his family members tortured her for dowry and on 09.07.2024, due to their torture, she committed suicide. 5. Learned counsel for the applicant submits that applicant is husband of the deceased and on the basis of false allegation, he has been made accused in the present matter alongwith his other family members. 6. He further submits that however deceased i.e. wife of the applicant committed suicide on 09.07.2024 but FIR of the present case was lodged after more than three weeks and this fact suggests that FIR is based on false facts. 7. He further submits that however, as per allegation, applicant used to torture his wife alongwith his family members and due to this reason, she committed suicide but allegation of torture appears to be vague and merely on the basis of such allegation, at this stage, it cannot be said that due to the abetment of the applicant, deceased committed suicide. 8. He further submits that however, earlier applicant has also been made accused for offence under Section 304-B I.P.C. but in that case, after investigation, final report has been submitted. 9. He further submits that applicant is in jail in the present matter since 03.09.2024. 10. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. However, it reflects that applicant is husband of the deceased and as per allegation, his wife committed suicide due to torture of the applicant and his family members but nature of allegation of torture levelled against the applicant appears to be vague and general in nature and considering this fact, the argument advanced by learned counsel for the applicant that it cannot be said that due to the abement of the applicant, deceased committed suicide, cannot be ruled out at this stage. 13. Further, FIR of the present case was lodged after more than three weeks and no plausible explanation has been given by the informant in this regard. 14. Further, however, earlier applicant has also been made accused in one another case relates to offence under Section 304-B I.P.C. but it appears in that case, after investigation, final report has been submitted. 15. Further, applicant is in jail in the present matter since 03.09.2024. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Upendra @ Kallu 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (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. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. 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. 20. 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 :- 11.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad