Neutral Citation No. - 2025:AHC:40916 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8234 of 2025 Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Chandra Srivastava 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 Dinesh Chandra Srivastava, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0304 of 2024, under Section 108 B.N.S., Police Station Dankaur, District Gautam Budh Nagar during pendency of the trial. 4. FIR of the present case was lodged on 15.12.2024 against applicant and his brothers and according to the FIR marriage of the applicant was solemnized with the sister of the informant about ten years before and after marriage applicant and his family members tortured her for demand of dowry and on 14.12.2024 they committed her murder. 5. Learned counsel for the applicant submits, initially FIR of the present case was lodged under Section 103(1) B.N.S. but during investigation when it was revealed that actually deceased i.e. wife of the applicant committed suicide then case was converted under Section 108 B.N.S. He further submits, there is no evidence of abetment against the applicant. 6. He further submits, actually some trivial matrimonial issue arose between husband and wife and thereafter wife committed suicide by hanging herself. 7. He further submits, the fact that dispute arose between husband and wife is even evident from the statement of children of the applicant, which have been annexed along with supplementary affidavit dated 17.03.2025 filed in support of instant bail application. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 16.12.2024. 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 made in the FIR he along with his brothers committed the murder of his wife but during investigation case was converted under Section 108 B.N.S. 12. Further, however, as per prosecution, due to the abetment of the applicant, who was husband of the deceased, his wife committed suicide but from the record of the case, it could not be reflected, there is any cogent evidence of abetment against the applicant on record. 13. Further, considering the statement of the children of the applicant recorded during investigation, which have been annexed along with supplementary affidavit filed in support of instant bail application, the reason of suicide given by learned counsel for the applicant during the course of argument, cannot be ruled out at this stage. 14. Further, applicant is not having any criminal history and in the present matter he is in jail since 16.12.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Raju 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. 18. 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. 19. 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 :- 20.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad