Neutral Citation No. - 2025:AHC:71595 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5180 of 2025 Applicant :- Omkar Opposite Party :- State of U.P. Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh Counsel for Opposite Party :- Ajay Kumar Pal,G.A. Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even revised call. 2. Sri Rajeev Kumar Upadhyay, Advocate filed his power on behalf of the applicant, which is taken on record. 3. Heard Sri Hemendra Pratap Singh and Shri Rajeev Kumar Upadhyay, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned A.G.A. for the State-respondent. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.85 of 2024, under Sections 108, 85 B.N.S., Police Station Mansukhpura, District Agra, during pendency of the trial. 5. Learned counsel for the applicant submits that applicant is cousin brother of the husband of the deceased and on the basis of false allegation, he has been made accused in the present matter. 6. He further submits that even from the FIR, it reflects, husband of the deceased was principal accused. 7. He further submits that actually marriage of the deceased was solemnized with co-accused Shriniwas in the year 2017 but she could not conceive and only due to this reason, she committed suicide. 8. He further submits that as applicant being cousin brother of the husband of the deceased used to visit the house of the deceased, therefore, it appears, he has also been made accused in the present matter. 9. He further submits that there is absolutely no evidence of abetment against the applicant on record. 10. He further submits that applicant is having no criminal history and he is in jail in the present matter since 24.12.2024. 11. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 12. I have heard both the parties and perused the record of the case. 13. However, as per allegation, due to the abetment of the applicant and co-accused Shriniwas, deceased committed suicide but it reflects, applicant is the cousin brother of the husband of the deceased i.e. co-accused Shriniwas and after considering the entire material available on record, this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant on record. 14. Further, even from the record, it reflects, husband of the deceased is the principal accused. 15. Further, applicant is having no criminal history and he is in jail in the present matter since 24.12.2024. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Omkar 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. 19. 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. 20. 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 :- 5.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad