Neutral Citation No. - 2025:AHC:83221 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14032 of 2025 Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Ambleshwar Pandey,Devaang Savla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ambleshwar Pandey, learned counsel for the applicant; Sri S.K. Tiwari, Advocate holding brief of Devaang Savla, learned counsel for the informant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 36 of 2025, under Sections 85, 108, 115(2) BNS, Police Station Kotwali, District Bulandshahr, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation, he developed illicit relationship with his bhabhi, therefore, his wife committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submitted that even if the allegations are accepted then also it cannot be said that due to abetement of the applicant deceased committed suicide. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 28.1.2025. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant developed illicit relationship with his bhabhi and when this fact was revealed to his wife then she committed suicide and therefore, it cannot be said that there is no evidence of abetement against the applicant and considering the nature of allegation levelled against the applicant, he should not be released on bail. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant is husband of the deceased and he developed illicit relationship with his bhabhi, therefore, his wife committed suicide by consuming some poisonous substance but considering the nature of allegation levelled against the applicant, the argument advanced by learned counsel for the applicant with regard to abetment of applicant, cannot be ruled out, at this stage. 9. Further, applicant is having no criminal history and he is in jail in the present matter since 28.1.2025. 10. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 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-Rashid, 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 :- 19.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad