Neutral Citation No. - 2025:AHC:40202 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9363 of 2025 Applicant :- Dileep Kumar Diwakar Opposite Party :- State of U.P. Counsel for Applicant :- Abhijit Mishra,Brijesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Abhijit Mishra, 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. 132 of 2024, under Sections 306 IPC, Police Station Charwa, District Kaushambi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is the husband of the deceased and he has been made accused in the present matter with the allegation that he was having illicit relationship with co-accused Kiran Devi and due to this reason his wife i.e. deceased committed suicide. 4. He further submitted that entire allegation levelled against the applicant are totally false and applicant was not having any illicit relationship with co-accused Kiran Devi as alleged. 5. He further submitted that even if entire allegations are accepted then also it cannot be said that due to the abetement of the applicant, deceased committed suicide. 6. He further submitted that after considering entire facts of the case in detail co-accused Kiran Devi has been released on bail by this Court and her bail order has been annexed at page 48 of the paper book. 7. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but that case relates to section 323 IPC. 8. He further submitted that applicant is in jail in the present matter since 25.10.2024 i.e. for last more than four months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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 he was having illicit relationship with co-accused Kiran Devi, therefore, his wife committed suicide but considering the nature of allegation levelled against the applicant, argument advanced by learned counsel for the applicant that it cannot be said that due to the abetement of the applicant, his wife committed suicide cannot be ruled out, at this stage. 12. Further, co-accused Kiran Devi has already been released on bail by this Court. 13. Further, however, applicant is having criminal history of one other case but that case relates to minor offence. 14. Further, in the present matter, applicant is in jail since 25.1.2024 i.e. for last more than four months. 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-Dileep Kumar Diwakar, 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 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad