Neutral Citation No. - 2025:AHC:60740 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4414 of 2025 Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Bhavesh Singh Jadaun,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri S.D. Singh Jadaun, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 296 of 2024, under Sections 85, 115(2), 352, 351(3), 108 BNS and Section 3/4 D.P. Act, Police Station- Panki, District- Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is the husband of the deceased and as per allegation, due to his torture, she committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submitted that actually some matrimonial dispute arose between husband and wife and thereafter, in rash his wife committed suicide and after her death, informant on the basis of false allegation lodged the FIR of the present case. 5. He further submitted that however, entire allegations levelled against the applicant are totally false but even if allegations are accepted then also it cannot be said that due to abatement of applicant, deceased committed suicide. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 19.08.2024 i.e. for last more than eight months. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is the husband of the deceased and as per allegation, he tortured his wife due to demand of dowry and, therefore, she committed suicide but could not dispute the fact that except bald and verbal allegation, there is no evidence against the applicant. He further could not dispute the fact that except present case, there is no other complaint against the applicant either made by deceased or by the informant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is the husband of the deceased and as per allegation, he used to torture her along with his family members and due to their abatement, she committed suicide but it reflects, except bald and verbal allegation, there is no cogent evidence in this regard on record. 10. Further, there is no evidence on record, which can suggests that earlier also either informant or deceased made any complaint against the applicant and his family members and considering all these facts, the argument advanced by learned counsel for the applicant that due to some matrimonial dispute deceased committed suicide, cannot be completely ruled out at this stage. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 19.08.2024 i.e. for last more than eight months. 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- Shivam 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 :- 22.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad