Neutral Citation No. - 2025:AHC:81491 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15413 of 2025 Applicant :- Brijesh Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Byas Kumar Prasad,Viveka Nand Maurya Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Byas Kumar Prasad, learned counsel for the applicant 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. 176 of 2024, under Sections 85, 108, 352, 351(2), 351(3) BNS, Police Station- Kotwali Katra, District- Mirzapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that, however, applicant is husband of the deceased but on the basis of false allegation that due to his abatement his wife committed suicide, he has been made accused in the present matter. 4. He further submitted that FIR of the present case was lodged after 51 days and this fact itself suggests that it is nothing but bundle of false facts. 5. He further submitted that actually matrimonial dispute very often arose between husband and wife and very often wife left her matrimonial home and after sometime, she used to return back but this time when she left her matrimonial home then did not return back and her dead body was recovered. He further submitted that when this time, she did not return back then applicant himself gave an information to police in this regard, which has been annexed along with the instant bail application. He further submitted that it appears, this time due to her mental state, deceased committed suicide. 6. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 25.01.2025. 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 both the parties and perused the record of the case. 9. However, applicant is husband of the deceased and as per allegation, he tortured his wife along with his family members for want of dowry, therefore, she committed suicide but FIR of the present case was lodged after 51 days.. 10. Further, as per applicant, his wife had gone somewhere from her matrimonial home and immediately thereafter, an application was given by the informant to police with regard to her missing. 11. Record also suggests that on the information given by applicant, inquest was conducted and in the inquest informant was one of the inquest witness. 12. Further, applicant is not having any criminal history and in the present matter, he is in jail since 25.01.2025. 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- Brijesh Vishwakarma 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 :- 15.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad