Neutral Citation No. - 2025:AHC:74793 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15493 of 2025 Applicant :- Furkan Mian Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan,Zeeshan Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri M. V. Yadav, Advocate holding brief of Sri Naz Ali, Advocate submitted that yesterday he has filed his power on behalf of the informant, therefore, his name could not be shown in the cause list, however, he is ready to argue the case. 2. Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant; Sri , M. V. Yadav, Advocate holding brief of Sri Naz Ali, learned counsel for the informant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 32 of 2025, under Sections 108 and 85 BNS, Police Station Bilaspur, District Rampur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation due to torture of the applicant and his family members, his first wife committed suicide but entire allegation levelled against the applicant is totally false. 5. He further submitted that actually applicant performed second marriage with some other lady and after that relationship of the applicant and deceased could not remain cordial and very often, dispute arose between her and applicant and only due to this dispute she committed suicide but after her death on the basis of false allegations, applicant has been roped in the present matter alongwith his family members. 6. He further submitted that earlier applicant was also made accused in a case relates to offence under section 498A IPC but in that case, applicant has already been acquitted. 7. He further submitted that in the present matter, applicant is in jail since 12.2.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the husband of the deceased and as he performed second marriage with another lady, therefore, his first wife committed suicide and therefore, at this stage, it cannot be said that applicant is innocent and therefore, considering the facts and circumstances of the case, he should not be released on bail. 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 alongwith his family members and he also performed second marriage with some other lady, therefore, deceased committed suicide but considering the nature of allegations levelled against the applicant, prima facie, it cannot be said that deceased committed suicide due to the abetement of applicant. 11. Further, however, it also reflects that earlier applicant has also been made accused in a case relates to offence under section 498A IPC but it reflects, in that case, he has already been acquitted. 12. Further, in the present matter, applicant is in jail since 12.2.2025 i.e. for last more than three months. 13. Further, bail is a rule while bail rejection is an exception and unless proven guilty, an accused is deemed to be innocent and bail application 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-Furkan Mian, 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 :- 8.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad