HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32542 of 2025 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Case called out in revised list. None present on behalf of informant. 2. Heard Sri Amresh Tripathi and Sri Kamlesh Singh, learned counsels for the applicant and Sri Imran Khan, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 60 of 2025, under Sections 80, 85 BNS and Section 3/4 D.P. Act, Police Station Salempur, District Deoria during pendency of the trial. 4. 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. 5. He further submits, however, marriage of the applicant with the deceased was love marriage but after marriage she insisted to live separately but applicant was not ready for the same and therefore dispute arose between husband and wife and their matrimonial relationship could not remain cordial and only due to this reason she committed suicide by hanging. He further submits, even post mortem report suggests that deceased died due to hanging. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.02.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Versus Counsel for Applicant(s) : Amresh Tripathi, Kamlesh Singh Counsel for Opposite Party(s) : Akash Kumar Nishad, G.A. Bittu .....Applicant(s) State of U.P. .....Opposite Party(s) 8. I have heard learned counsel for the parties and perused the record of the case. 9. 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 is also allegation of torture in connection to demand of four wheeler and money but post mortem report suggests that deceased died due to hanging and therefore possibility of suicide committed by the deceased cannot be ruled out at this stage and reason of suicide disclosed by the applicant in paragraph-27 of the affidavit also cannot be completely brushed aside. 10. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 07.02.2025 i.e. for last more than a year. 11. 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. 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 - Bittu 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. BAIL No. 32542 of 2025 2 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. April 2, 2026 AK Pandey BAIL No. 32542 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad