Neutral Citation No. - 2025:AHC:72520 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6771 of 2025 Applicant :- Bhure Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 526 of 2024, under Sections 85, 115(2), 108 BNS, Police Station- Ujhani, District- Budaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is devar of the deceased and on the basis of false allegation, he has been made accused in the present matter along with his other family members including husband of the deceased. 4. He further submitted that however, there is allegation in the FIR that applicant and other accused persons also made assault upon the deceased along with her husband but entire allegation levelled against the applicant is totally false. 5. He further submitted that actually, deceased resided separately along with her husband and it appears, some dispute arose between husband and wife and thereafter he beaten her and therefore, she committed suicide and only being younger brother of husband of the deceased, applicant has also been roped in the present matter. 6. He further submitted that even from the FIR, it reflects, husband of the deceased was not permitting her to visit her paternal home and this fact again suggests that husband of the deceased was the principal accused. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.12.2024. 8. Per contra, learned AGA opposed the prayer for bail and submitted that deceased sustained as many as seven injuries and there is no evidence that deceased resided separately along with her husband but could not dispute the fact that even from the FIR, it reflects, husband of the deceased was not permitting her to visit her paternal home and there is no specific allegation against the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Applicant is devar of the deceased and as per allegation, he along with his family members including husband of the deceased tortured and beaten her and after that deceased committed suicide but there is no specific allegation against the applicant. 11. Further, from the FIR, it reflects, husband of the deceased i.e. elder brother of the applicant was not permitting the deceased to visit her paternal home. Considering this fact, the argument advanced by learned counsel for the applicant that prima facie husband of the deceased appears to be principal accused, cannot be completely ruled out at this stage. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 06.12.2024. 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- Bhure 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 said observations shall have no bearing on the merits of the case during trial. Order Date :- 6.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad