Neutral Citation No. - 2025:AHC:83840 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16795 of 2025 Applicant :- Vinay Kumar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tiwari,Ravinath Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ravinath Tiwari, learned counsel for the applicant and Sri Shantoh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 214 of 2022, under Sections 306, 506 IPC, Police Station- Chhawani, District- Basti(U.P.), during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, as per allegation, applicant loved the deceased and even after performing marriage with her, he did not take her, therefore, she committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submitted that actually marriage of applicant never solemnized with the deceased and actually, informant was against their marriage and due to his intervention, marriage of the deceased could not be solemnized with the applicant and due to conduct of the informant side, she committed suicide. 5. He further submitted that however, apart form the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application. He further submitted that however, out of three cases, one case is under Section 302 IPC but in all the cases he is on bail. 6. He further submitted that applicant is in jail in the present matter since 11.07.2022 i.e. for last almost three years. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, due to abatement of the applicant, deceased committed suicide but except the bald and verbal allegation, it appears, there is no cogent evidence in this regard against the applicant. 10. Further, however, apart form the present case, applicant is having criminal history of three other cases including a case under Section 302 IPC but in all the cases he is on bail. 11. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 12. Further, applicant is in jail in the present matter since 11.07.2022 i.e. for last almost three years. 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- Vinay Kumar Pandey 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 :- 17.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad