Neutral Citation No. - 2025:AHC:49600 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11289 of 2025 Applicant :- Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Narendra Kumar, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 385 of 2024, under Sections 108, 85 BNS, Police Station- Kuraoli, District- Mainpuri, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 24.11.2024 against applicant and his parents and according to FIR, marriage of the applicant was solemnized on 19.04.2022 with the daughter of the informant and after marriage, applicant and his family members tortured her for demand of motorcycle and due to non-fulfillment of their demand, they dropped her in her paternal home and due to their torture, she committed suicide in her paternal home. 4. Learned counsel for the applicant submitted that applicant is however, husband of the deceased but on the basis of false allegation, he has been made accused in the present matter. He further submitted that admittedly deceased died in her paternal home. 5. He further submitted that as deceased died in her paternal home, therefore, only to save his skin, informant lodged the FIR of the present case on the basis of false allegation. He further submitted that actually deceased was suffering with mental disease and this fact is evident from the statement of Dr. Anil Gaur, which has been annexed at page no. 45 of the paper book and it appears, only due to her mental illness, she committed suicide. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.12.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that from the statement of Dr. Anil Gaur, it reflects, deceased was suffering with mental issues and she died in her paternal home. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is husband of the deceased and as per allegation, due to torture of applicant and his parents his wife committed suicide but from the record, it reflects that wife of applicant committed suicide in her paternal home. 10. Further, considering the statement of Dr. Anil Gaur recorded during investigation, the argument advanced by learned counsel for the applicant that due to her mental condition, deceased committed suicide, 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 05.12.2024. 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- Devendra 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 :- 7.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad