Neutral Citation No. - 2025:AHC:21634 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1781 of 2025 Applicant :- Vikas Alias Vikki Opposite Party :- State of U.P. Counsel for Applicant :- Neeharika Singh Counsel for Opposite Party :- Abhay Pratap Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Neeharika Singh, learned counsel for the applicant, Sri Indrajeet Chaurasiya, learned Advocate holding brief of Sri Abhay Pratap Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 338 of 2024, under Section 108 BNS, Police Station- Jewar, District- G.B. Nagar, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 18.10.2024 against applicant and others and according to FIR, marriage of applicant was solemnized with the sister of informant about 14 years before and since marriage, applicant and his family members used to torture her for demand of Rs. five lakhs and a four wheeler and due to their torture, she committed suicide. 4. Learned counsel for the applicant submitted that however, applicant is husband of the deceased but on the basis of false allegation of torture and demand of dowry, he has been made accused in the present matter. 5. She further submitted that actually two months before, mother of the deceased died in a train accident and after her death, she was under deep grief and only due to this reason, she committed suicide and this fact is even evident from the statements of the children of the deceased recorded by Investigating Officer during investigation, which have been annexed at page nos. 61 and 62 of the paper book. She further submitted that except the bald and verbal allegation, there is no cogent evidence of abatement against the applicant. 6. She further submitted that applicant is not having any criminal history and he is in jail in the present matter since 07.12.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of deceased and due to his torture, she committed suicide but both the counsels could not dispute the fact that when statements of children of the deceased were recorded then they stated that after the death of their maternal grand mother, deceased was in deep grief and pain. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant, who is husband of the deceased, tortured her for demand of dowry due to which, she committed suicide but defense version finds support from the statements of children of the deceased, which were recorded by the Investigating Officer during investigation that due to untimely accidental death of her mother, deceased was under depression and in deep grief, therefore, she committed suicide. 10. Further, even there is no cogent evidence of abatement against the applicant on record. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 07.12.2024. 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- Vikas Alias Vikki 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 :- 14.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad