Neutral Citation No. - 2025:AHC:32955 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8044 of 2025 Applicant :- Om Prakash Yadav Alias Pintu Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Jitendra Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.108 of 2024, under Sections 108 B.N.S., Police Station Bhawaniganj, District Siddharth Nagar during pendency of the trial. 4. Learned counsel for the applicant submits that F.I.R. was lodged on 01.12.2024 against the applicant and his family members and according to the F.I.R. marriage of the sister of the informant was solemnized with the applicant in the year 2012 and after marriage, applicant and his family members tortured her and due to their torture, on 01.12.2024, she committed suicide by hanging herself. Learned counsel for the applicant further submits that applicant is however husband of the deceased, but, on the basis of false allegation, he has been made accused in the present matter. 5. He next submits that actually deceased was peevished natured lady and due to her behavior, very often, on trivial matrimonial issues, disputes arose between husband and wife and only due to her nature in anger she committed suicide. He further submits that during investigation, brother of the deceased i.e. informant filed an affidavit before the Investigating Officer and in his affidavit also, he stated that his sister i.e. deceased was peevished natured lady and this fact is evident from page No. 59 of the paper book. 6. He further submits that only vague allegation of torture has been made against the applicant and, therefore, there is even no cogent evidence of abatement against the applicant on record. He next submits that applicant is not having any criminal history in the present matter and he is in jail since 04.12.2024. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record however, it reflects that applicant is husband of the deceased and as per allegation, due to his torture, his wife committed suicide, but allegation of torture made against the applicant appears to be vague and it appears that there is no cogent evidence of abatement against the applicant on record. Further, record also suggests that during investigation informant of the case i.e. brother of the deceased filed his affidavit before the Investigating Officer stating that his sister was peevished natured lady. Further, it also reflects that there is no cogent evidence of abatement against the applicant. Further, applicant is not having any criminal history and in the present matter he is in jail since 04.12.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Om Prakash Yadav Alias Pintu 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. 13. 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. 14. 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 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad