Neutral Citation No. - 2025:AHC:90719 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14171 of 2025 Applicant :- Shekhu Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.,Vinod Kumar Yadav Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Anurag Dubey, learned counsel for the applicant, Sri Vinod Kumar Yadav, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 52 of 2025, under Section 108 B.N.S., Police Station Bhongaon, District Mainpuri during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is husband of the deceased and as per allegation he used to torture his wife for want of dowry, therefore, she committed suicide but entire allegation leveled against the applicant is totally false. 5. He further submits, marriage of the applicant was solemnized with the deceased about 12 years before, therefore, there was no occasion for him to torture his wife with regard to demand of dowry as alleged, even after 12 years of marriage. 6. He further submits, actually deceased was suffering with mental illness since the year 2017 and she was under continuous medical treatment since then and her medical prescription have been filed along with supplementary affidavit filed in support of instant bail application and only due to her medical condition she committed suicide. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 12.02.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, applicant is husband of the deceased and he used to torture his wife for demand of dowry, therefore, she committed suicide, therefore, it cannot be said that there is no evidence of abetment against the applicant but they could not dispute the fact that deceased was under continuous medical treatment since the year 2017. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is husband of the deceased and as per allegation he used to torture his wife for demand of dowry, therefore, she committed suicide but it reflects, marriage of the applicant was solemnized with the deceased about 12 years before and considering this fact, the argument advanced by learned counsel for the applicant in this regard, cannot be ruled out at this stage. 11. Further, from the medical prescription of the deceased, it reflects, she was under medical treatment since the year 2017 and considering her medical documents, the argument advanced by learned counsel for the applicant with regard to suicide committed by his wife cannot be completely brushed aside at this stage. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 12.02.2025. 13. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Shekhu 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. 17. 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. 18. 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 :- 27.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad