Neutral Citation No. - 2025:AHC:57859 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12626 of 2025 Applicant :- Satish Awasthi Alias Neelu Alias Satish Kumar Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Manvendra Singh, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.191 of 2024 (Sessions Trial No.311 of 2025), under Sections 108 & 316(2) B.N.S., Police Station-Chandpur, District-Fatehpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 29.12.2024 against applicant and according to FIR, marriage of the applicant was solemnized with the sister of the informant about 14 years before and after marriage applicant tortured his wife and he used to consume liquor and due to his bad habits, he very often made assault upon her and on 26.12.2024, due to his torture, sister of the informant committed suicide. 4. Learned counsel for the applicant submitted that applicant is the husband of the deceased and on the basis of false allegation, he has been made accused in the present matter. 5. He next submitted that, however, as per allegation, due to abatement of the applicant deceased committed suicide but except bald and verbal allegation, there is no cogent evidence against the applicant. 6. He further argued that actually applicant was having habit of consuming liquor and due to his bad habit very often dispute arose between husband and wife and only due to this reason she committed suicide by hanging herself and the fact that applicant used to consume liquor is even evident from the statement of the daughter of the applicant aged about 13 years, which has been annexed at page 86 of the paper book. It is further contended that from the statement of the daughter of the applicant, it also reflects that applicant and deceased both were having very cordial relationship. He further averred that apart from the ligature mark, deceased, however, also sustained some abrasions but all the abrasions were black in colour and as per autopsy surgeon, these injuries were old one and, therefore, these injuries cannot be attributed to the alleged incident of suicide. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 30.12.2024. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record, it reflects that applicant is husband of the deceased and as per allegation, due to his abatement his wife committed suicide and it also reflects from the postmortem report that apart from the ligature mark deceased also sustained some abrasions but these abrasions were in black colour and as per autopsy surgeon, these injuries were old and considering the fact that applicant used to consume liquor and deceased very often objected for the same, the possibility cannot be ruled out that due to the dispute arose between the husband and wife, she sustained these abrasions. 11. Further, from the statement of the daughter of the informant, which has been annexed along with the instant bail application, it also reflects that due to the bad habit of consuming liquor dispute arose between husband and wife, however, both were having cordial relationship. Considering this fact, the argument advanced by learned counsel for the applicant that only due to his bad habit of consuming liquor, deceased committed suicide cannot be completely ruled out, at this stage. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 30.12.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Satish Awasthi Alias Neelu Alias Satish Kumar Awasthi 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. 16. 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. 17. 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 :- 18.4.2025 Anurag/- Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad