Neutral Citation No. - 2025:AHC:74168 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7165 of 2025 Applicant :- Ramesh Chandra Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri S.K. Dubey, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 75 of 2024, under Section 108 BNS, Police Station- Vaidpura, District- Etawah, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation, he used to consume liquor and used to create scene in the house, therefore, his wife committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submitted that even if allegations are accepted then also these allegations do not constitute offence of abatement against the applicant. He further submitted that actually deceased was short tempered lady and some matrimonial dispute arose between husband and wife and due to this reason deceased committed suicide. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 20.11.2024. 6. Per contra, learned AGA opposed the prayer for bail and submitted that actually apart from the present case, applicant is having criminal history of 3 other cases but he did not explain his criminal history in the instant bail application but he fairly conceded, all these cases relate to minor offences. Learned AGA could not dispute the other argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is husband of the deceased and as per allegation, due to abatement of applicant deceased committed suicide but after considering entire material available on record, the argument advanced by learned counsel for the applicant that prima face, it cannot be said that due to abatement of the applicant deceased committed suicide, cannot be completely ruled out at this stage. 9. Further, however, apart from the present case, applicant is having criminal history of 3 other cases and he did not explain his criminal history in the instant bail application but these cases relate to minor offences, therefore, this Court is of the view that it is not proper to withhold the bail application of the applicant, considering the provisions of Article 21 of Constitution of India. 10. Further, applicant is in jail in the present matter since 20.11.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Ramesh Chandra Rajpoot 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. 14. 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. 15. 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 :- 7.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad