Neutral Citation No. - 2025:AHC:75864 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9157 of 2025 Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal 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 Ms. Abhilasha Singh, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 142 of 2022, under Sections 498A, 304B, 323 IPC and Section 3/4 D.P. Act, Police Station Dhanari, District Sambhal during pendency of the trial. 4. Learned counsel for the applicant submits, this is the third bail application filed on behalf of the applicant and his earlier two bail applications have been dismissed by this Court after considering the fact that applicant is husband of the deceased and his wife died due to strangulation but she is pressing the instant third bail application on the ground that when autopsy surgeon Ms. Parul Beniwal was examined by the trial court as PW-10 on 13.12.2024 then in her cross examination she categorically stated that actually deceased did not die due to strangulation rather it was a case of hanging and deceased committed suicide. 5. She next submits, actually deceased was short tampered lady and on the date of incident in a marriage function some dispute arose between husband and wife and thereafter husband badly scolded her and only due to this reason she committed suicide by hanging herself. 6. She further submits, applicant is not having any criminal history and in the present matter he is in jail since 10.06.2022 i.e. for almost three years. 7. Per contra, learned AGA opposed the prayer for bail and submitted that this is third bail application filed on behalf of the applicant and applicant is husband of the deceased and from the post mortem report it reflects, deceased died due to strangulation but could not dispute the fact that from the statement of PW-10, the doctor, who conducted the post mortem, it reflects, deceased committed suicide and as per statement of autopsy surgeon actually it is not a case of homicidal death rather it is a case of suicidal death. Learned AGA further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail since 10.06.2022 i.e. for almost three years. 8. I have heard learned counsel for the parties and perused the record of the case. 9. This is the third bail application filed on behalf of the applicant and his earlier two bail applications have already been dismissed by this Court on merit after considering the fact that he is husband of the deceased and post mortem report suggests that his wife died due to strangulation but it reflects, after rejection of first two bail applications of the applicant, when autopsy surgeon was examined by the trial court as PW-10 on 13.12.2024 then in her cross examination, she stated that actually deceased sustained ligature mark due to hanging and this ligature mark was sustained by her while she was committing suicide, therefore, from the statement of autopsy surgeon recorded before the trial court, it reflects, according to her deceased committed suicide. 10. Further, reason of suicide disclosed by learned counsel for the applicant during the course of argument cannot be completely brushed aside at this stage. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 10.06.2022 i.e. for last almost three years. 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 - Pawan 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 :- 9.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad