Neutral Citation No. - 2025:AHC:65754 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4194 of 2025 Applicant :- Vishnu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Shankar Prasad Gupta,Vijay Kumar Gupta Counsel for Opposite Party :- G.A.,Sitaram Patel Hon'ble Sameer Jain,J. 1. Heard Sri Anil Kumar Srivastava, learned Advocate holding brief of Sri S.S. Prasad Gupta, learned counsel for the applicant, Sri Sitaram Patel, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 109 of 2024, under Sections 115(2), 351(3), 108 BNS, Police Station- Narahat, District- Lalitpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation, he developed illicit relationship with some other lady after marriage, therefore, his wife committed suicide but entire allegation made against the applicant is totally false. 4. He further submitted that actually, deceased was having suspicion that applicant was having illicit relationship with some other lady, therefore, she committed suicide, therefore, it cannot be said that due to abatement of the applicant, she committed suicide. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 27.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant was having illicit relationship with some other lady, therefore, his wife committed suicide, therefore, it cannot be said that there is no evidence of abatement against the applicant on record. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant is the husband of the deceased and after marriage, he developed illicit relationship with some other lady, therefore, deceased committed suicide but as per learned counsel for the applicant, he was not having any illicit relationship with any lady and his wife was having suspicion in this regard and, therefore, if she committed suicide, then applicant cannot be held responsible. The argument advanced by learned counsel for the applicant cannot be completely ruled out at this stage. 9. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 27.11.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Vishnu Singh 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. 14. 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. 15. 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 :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad