Neutral Citation No. - 2025:AHC:86390 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16625 of 2025 Applicant :- Guddu Urf Usman Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.254 of 2024, under Sections 498-A, 323,504, 506 and 326-A IPC and Section 3/4 Dowry Prohibition Act, Police Station Katghar, District Moradabad during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is the husband of the victim and as per allegation he threw acid upon his wife due to which she sustained acid injuries but entire allegation levelled against the applicant is totally false. 4. He further submits that during trial when informant, i.e., son of the applicant and victim appeared before the trial court as PW-1 and PW-2 then they did not support the prosecution case and have been declared hostile and according to them accidentally victim sustained acid injuries while she was cleaning bathroom of her home and their statements recorded before the trial court have been annexed along with the instant bail application. 5. He further submits that even the dispute between husband and wife, i.e., victim has been resolved and victim at present is living in her matrimonial home, i.e., in the home of applicant. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 17.5.2024, i.e., for the last more than a year. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is the husband of the victim and FIR of the present case was lodged by step son of the applicant that he threw acid upon his mother, i.e., second wife of applicant and it appears that even wife of the applicant, i.e., victim of the case also supported the version of the FIR during investigation but it reflects that informant and victim when appeared before the trial court then they did not support the prosecution case and both have been declared hostile and their statements recorded before the trial court have been annexed along with the instant bail application and from their statements, it reflects that victim accidentally sustained acid injuries through acid which was kept for the purpose to clean bathroom and toilet. 10. Further, it also appears that dispute between husband and wife has been resolved and victim, i.e., wife of the applicant at present is living in her matrimonial home, i.e., in the house of the applicant. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 17.5.2024, i.e., for the last more than a year. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Guddu urf Usman 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. 15. 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. 16. 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 :- 22.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad