Neutral Citation No. - 2025:AHC:6431 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45385 of 2024 Applicant :- Raju Shah Opposite Party :- State of U.P. Counsel for Applicant :- Ram Pravesh Yadav,Shashank Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ram Pravesh Yadav, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 57 of 2024, under Sections 306, 498A IPC, Police Station Dokati, District Ballia, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 24.3.2024 against the applicant and his parents and according to the FIR, marriage of the applicant was solemnized with the sister of the informant in the year 2016 and applicant and his parents used to quarrel with her and on 23.3.2024 they again made quarrel and due to their torture sister of the informant committed suicide by hanging herself. 4. Learned counsel for the applicant submitted that applicant is husband of the deceased and on the basis of false allegation of abetment, he has been made accused in the present matter alongwith his parents and except the bald and verbal allegation of abetment and torture, there is no cogent evidence against the applicant on record, in this regard. 5. He further submitted that applicant and deceased however used to live in Kolkata, West Bengal but when in January, 2024 they came at their house then unfortunately mother of the applicant fell ill and thereafter applicant told the deceased that as his mother is ill, therefore, this time she could not go alongwith him and it will better, if, she look after his mother and only due to this reason, altercation took place between husband and wife and in anger, she hanged herself and died. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 24.3.2024 i.e. for last almost ten months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation due to the torture and abetment of the applicant, wife of the applicant committed suicide by hanging herself but it appears except the bald and verbal allegation, there is no cogent evidence of torture and abetment against the applicant on record. 10. Further, considering the nature of allegation and post mortem of the deceased, the argument advanced by learned counsel for the applicant with regard to the alleged suicide committed by wife of the applicant, cannot be completely brushed aside, at this stage. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 24.3.2024 i.e. for last almost ten months. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Raju Shah, 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. 15. 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. 16. 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 :- 15.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad