Neutral Citation No. - 2025:AHC:88932 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17779 of 2025 Applicant :- Suraj Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shailesh Pandey, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.231 of 2024, under Sections 147, 306, 498-A, 323, 504, 506 I.P.C. and Sections 3/4 D. P. Act, Police Station Kotwali Katra, District Mirzapur, during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is husband of the deceased and initially FIR of the present case was lodged under Section 302 I.P.C. alongwith other sections but when during investigation, it was found that actually wife of the applicant i.e. deceased committed suicide then case was converted under Section 306 I.P.C. 4. He further submits that except the bald and verbal allegations, there is no cogent evidence of abetment against the applicant on record. 5. He further submits that actually brother-in-law of the applicant had taken a good amount of money from the wife of the applicant i.e. deceased and inspite of several demand made by her, he was not returning the money and only due to this reason, some dispute arose between brother and sister and thereafter wife of the applicant i.e. deceased committed suicide. 6. He further submits that post-mortem report also suggests that deceased died due to hanging. 7. He further submits that applicant is having no criminal history and he is in jail in the present matter since 18.03.2025. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. From the record, it reflects, initially FIR of the present case was lodged under Section 302 I.P.C. alongwith other sections but when during investigation, it was found that actually wife of the applicant i.e. deceased committed suicide then case was converted under Section 306 I.P.C. 11. Further, however, as per prosecution due to the abetment of the applicant, deceased committed suicide but argument advanced by learned counsel for the applicant with regard to the suicide committed by the wife of the applicant, cannot be ruled out at this stage. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 18.03.2025. 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- Suraj Maurya 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 :- 23.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad