Neutral Citation No. - 2025:AHC:33078 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8132 of 2025 Applicant :- Anuj Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Agrahari,Suyash Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Sudhir Mehrotra, learned Advocate holding brief of Sri Suyash Mehrotra, learned counsel 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. 123 of 2024, under Sections 108, 115(2), 352 B.N.S., Police Station B.B. Nagar, District Bulandshahr during pendency of the trial. 4. FIR of the present case was lodged on 25.07.2024 against applicant and one another and according to the FIR marriage of the applicant was solemnized with the daughter of the informant in the year 2014 and in the month of June, 2024 applicant turned her out from her matrimonial home and thereafter she started residing in district Bulandshahar along with her children and on 17.07.2024 on the call of the applicant when she again reached at her matrimonial home then applicant and his brother i.e. co-accused Kushal started abusing her and thereafter her daughter committed suicide by consuming some poison substance. 5. Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation of abetment he has been made accused in the present matter. 6. He further submits, admittedly matrimonial dispute was pending between husband and wife and it appears, only due to matrimonial dispute deceased committed suicide. He further submits, if due to matrimonial dispute arose between husband and wife, wife committed suicide then it cannot be said that due to the abetment of husband she committed suicide. 7. He further submits, from the entire material available on record, it could not be reflected that there is any cogent evidence of abetment against the applicant on record. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 01.12.2024. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is husband of the deceased and as per allegation his wife committed suicide due to his abetment but considering the fact that matrimonial dispute was pending between applicant and his wife i.e. deceased, the argument advanced by learned counsel for the applicant cannot be ruled out at this stage. 12. Further, this Court also finds merit in the argument advanced by learned counsel for the applicant that even there is no cogent evidence of abetment against the applicant on record. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 01.12.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Anuj 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. 17. 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. 18. 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 :- 7.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad