HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42776 of 2025 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Devesh Kumar Shukla, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0180 of 2025, under Sections 80(2), 85, 115(2), 352, 351(3) BNS and Section 3/4 D.P. Act, Police Station Gonda, District Aligarh during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation he has been made accused in the present matter. 4. He further submits, actually deceased was not ready to perform her matrimonial duties and she did not even ready to live with applicant, therefore, she committed suicide by hanging. He further submits, even post mortem report suggests that deceased died due to hanging. 5. He further submits, during trial parents of the deceased did not support the prosecution case and have been declared hostile and their statements recorded before the trial court have been annexed along with supplementary affidavit dated 19.03.2026 filed in support of instant bail application. 6. He further submits, even from the statements of parents of the deceased recorded before the trial court it reflects, deceased was not ready to live with applicant. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 26.05.2025 i.e. for last more than ten months. Versus Counsel for Applicant(s) : Devesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Jeetu Alias Jitendra .....Applicant(s) State of U.P. .....Opposite Party(s) 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is husband of the deceased and his wife died within two and half years of her marriage under abnormal circumstances in her matrimonial home and there was also allegation of torture in connection to demand of dowry but it appears, during trial parents of the deceased did not support the prosecution case and have been declared hostile. 11. Further, post mortem report suggests that deceased died due to hanging, therefore, possibility of suicide committed by the deceased cannot be ruled out at this stage and considering the statements of parents of the deceased, the reason of suicide committed by the deceased disclosed by the applicant in the instant bail application also cannot be ruled out. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 26.05.2025 i.e. for last more than ten months. 13. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant -Jeetu @ Jitendra 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. BAIL No. 42776 of 2025 2 17. 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. 18. 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. April 2, 2026 AK Pandey BAIL No. 42776 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad