HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30920 of 2025 Court No. - 67 HON'BLE SAMEER JAIN, J. 1. Case called out in revised list. None present on behalf of informant. 2. Heard Miss Shambhawi Shukla, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 224 of 2024, under Sections 498A, 304B, 323 IPC and Section 3/4 D.P. Act, Police Station Thakurdwara, District Moradabad 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. She further submits, after marriage with regard to property some dispute arose between husband and wife and thereafter in rash she committed suicide by hanging and after her death informant on the basis of false allegation lodged FIR of the present case. She further submits, even post mortem report suggests that deceased died due to hanging. 6. She further submits, applicant is not having any criminal history and in the present matter he is in jail since 20.05.2024 i.e. for almost two years. 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. 8. I have heard learned counsel for the parties and perused the record of the case. Versus Counsel for Applicant(s) : Shambhawi Shukla, Sunil Vishal Singh Counsel for Opposite Party(s) : G.A., Sandeep Kumar Prajapati, Umesh Singh Atendra .....Applicant(s) State of U.P. .....Opposite Party(s) 9. However, applicant is husband of the deceased and his wife died within two years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of torture in connection to demand of Rs. 5 lakhs and four wheeler but post mortem report suggests that deceased died due to hanging, therefore, possibility of suicide committed by the deceased at this stage cannot be ruled out. 10. Further, considering the suggestion given to PW-1 before the trial court, the defence taken by the applicant with regard to suicide committed by the deceased at this stage also cannot be ruled out. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 20.05.2024 i.e. for almost two years. 12. 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. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Atendra 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. 16. 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. 17. 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 BAIL No. 30920 of 2025 2 said observations shall have no bearing on the merits of the case during trial. March 19, 2026 AK Pandey BAIL No. 30920 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad