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Neutral Citation No. - 2025:AHC:82847 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16839 of 2025 Applicant :- Pawan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekher Dwivedi,Zia Uddin Ahmad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Zia Uddin Ahmad, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 20 of 2025, under Sections 85, 351(3), 108 BN.S. and Section 3/4 D.P. Act, Police Station Kareli, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is husband of the deceased and as per allegation he used to torture her along with his family members and due to this reason she committed suicide but entire allegation leveled against the applicant is totally false. He further submits, even admittedly deceased committed suicide in her paternal home. 4. He further submits, actually deceased insisted to live separately but applicant could not accept her proposal and only due to this reason she went her paternal home where she committed suicide and after her death on the basis of false allegation applicant has been made accused in the present matter. 5. He further submits, even from the FIR and other material available on record it cannot be said that due to the abetment of the applicant, deceased committed suicide. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 23.02.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant was husband of the deceased and he used to torture the deceased along with his family members and due to this reason she committed suicide but record suggest that deceased committed suicide in her paternal home. 10. Further, considering the totality of facts and circumstances of the case, the reason of suicide disclosed by learned counsel for the applicant during the course of argument, cannot be completely brushed aside at this stage. 11.
Further, applicant is not having any criminal history and in the present matter he is in jail since 23.02.2025. 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 - Pawan Yadav 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 :- 17.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad