Neutral Citation No. - 2025:AHC:3138 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45646 of 2024 Applicant :- Vijay Kumar Nigam Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Singh,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 208 of 2024 at Police Station Khajni, District Gorakhpur under Sections 498-A, 147, 504, 506, 306 I.P.C. and Section 3/4 of D.P. Act. The applicant is in jail since 09.05.2024. The bail application of the applicant was rejected by the learned trial court on 25.06.2024. The following arguments made by Shri Sanjeev Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant is the husband of the deceased. 2. The applicant never tortured the deceased or demanded dowry. 3. The deceased was a temperamental lady who was prone to extreme reactions even over trivial issues. 4. On the fateful day, after a minor altercation with a member of the household the deceased in a fit of rage took the extreme step of ending her life. She committed suicide by hanging. 5. The post mortem report opines that the cause of death is asphyxia due to antemortem hanging. 6. Injuries depicted in the post mortem report consistent with hanging are: (i). Nature of ligature mark. (ii). No abnormality was detected in the hyoid bone. 7. The applicant did not aid or abet the suicide. 8. With the death of the deceased the children are bereft of the love and care of their mother. With the incarceration of the applicant the children are denied the love and guardianship of their father. 9. The applicant does not have any criminal history apart from this case. 10. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Vijay Kumar Nigam be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 7.1.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad