Neutral Citation No. - 2025:AHC:5784 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47327 of 2024 Applicant :- Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Amar Bahadur Maurya,G.A.,Sushil Kumar Kushwaha Hon'ble Sameer Jain,J. 1. Heard Sri A.B. Maurya, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 119 of 2024, under Sections 108 BNS, Police Station- Sakeet, District- Etah, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 04.08.2024 against applicant and according to FIR, after the death of her husband, daughter of the informant started living with the applicant as his wife along with her children and applicant used to consume liquor and very often, dispute arose between applicant and daughter of the informant and on 04.08.2024, informant received an information that due to torture of the applicant, his daughter committed suicide by hanging herself. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. 5. He further submitted that although, allegation of torture levelled against the applicant is totally false but even if allegation is accepted then also it cannot be said that due to abatement of the applicant, deceased committed suicide. 6. He further submitted that actually, deceased always pressurized the applicant to alienate his property in favour of her children but applicant was not ready for the same and only due to this reason, some dispute arose between both of them and thereafter, deceased hanged herself. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 10.09.2024. 8. Per contra, learned AGA opposed the prayer for bail and submitted that deceased committed suicide in the house of the applicant and there is allegation of torture against him, therefore, at this stage it cannot be said that there is no evidence of abatement against the applicant and, therefore, considering this fact he should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However as per allegation, due to abatement of the applicant, deceased, who was residing in his house as his wife, committed suicide by hanging herself but it reflects that except the bald, verbal and vague allegation, there is no evidence of abatement against the applicant. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 10.09.2024. 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- Vishnu 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 :- 10.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad