Neutral Citation No. - 2025:AHC:32926 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7987 of 2025 Applicant :- Vikash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 260 of 2024, under Section 108 BNS, Police Station- Binoli, District- Baghpat, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 06.11.2024 against applicant and his family members and according to FIR, marriage of the applicant was solemnized with the daughter of the informant in the year 2017 and after marriage, applicant and his family members tortured her on trivial matrimonial issues and due to their torture, on 04.11.2024, she committed suicide. 4. Learned counsel for the applicant submitted that however, applicant is husband of the deceased but on the basis of false allegation, he has been made accused in the present matter. 5. He further submitted that however, as per FIR and statements of the witnesses due to torture of the applicant and his family members his wife i.e. deceased committed suicide but neither in the FIR nor in the statements recorded during investigation witnesses could disclose, what was the reason of torture and this fact suggests that on the basis of vague allegation of torture, applicant has been made accused in the present matter and considering this fact, it appears there is no cogent evidence of abatement against the applicant on record. 6. He further submitted that actually deceased i.e. wife of the applicant very often used to visit her paternal home and sometimes applicant raised objection and, therefore, very often matrimonial dispute in this regard arose between both of them and only due to this reason, she committed suicide and merely on this basis, it cannot be said that due to abatement of the applicant, she committed suicide. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 07.11.2024. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is husband of the deceased and as per allegation, due to his torture, she committed suicide but neither in the FIR nor in the statements of witnesses, it could disclose, what was the reason of torture and considering this fact, the argument advanced by learned counsel for the applicant that allegation of torture levelled against the applicant is vague, cannot be completely ruled out at this stage. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 07.11.2024. 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- Vikash 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 :- 6.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad