Neutral Citation No. - 2025:AHC:49659 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9378 of 2025 Applicant :- Santosh Pal Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Babu Pal,Krishna Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Krishna Kumar Chaurasiya, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 166 of 2023, under Section 306 IPC, Police Station- Haliya, District- Mirzapur, during pendency of the trial in the court below. 3. FIR of the present case was lodged against applicant and one another and according to FIR, marriage of the sister of the informant was solemnized with the aplplicant about 16 years ago and after marriage applicant used to torture her and on 31.10.2023 informant received information that his sister had died. It is further mentioned in the FIR that due to the behaviour of the applicant deceased committed suicide. 4. Learned counsel for the applicant submits that however applicant is husband of the deceased but on the basis of false allegation, he has been made accused in the present matter. He further submits that even from the FIR it reflects that on the basis of vague allegation of torture he has been made accused in the present mater and there is no cogent evidence of abatement against him. 5. He next submits that only due to minor matrimonial dispute deceased in rash committed suicide. 6. He next submits that applicant is not having any criminal history and he is in jail in the present matter since 28.12.2024. 7. Per contra, learned AGA, however, opposed the prayer for bail and submits that applicant is husband of the deceased but could not dispute the fact that from the FIR it reflects only vague allegation of torture has been levelled in it against the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is husband of deceased and as per allegation applicant used to torture his wife, therefore, she committed suicide but considering FIR of the present case the argument advanced by learned counsel for the applicant that FIR is based on vague allegation cannot be ruled out at this stage and after considering this fact this Court also finds merit in the arguments advanced by learned counsel for the applicant that there is no cogent evidence of abatement against the applicant. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 28.12.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Santosh Pal, 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. 14. 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. 15. 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 :- 7.4.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad