Neutral Citation No. - 2025:AHC:36719 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1241 of 2025 Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Ram Chandra Solanki, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 166 of 2024, under Sections 498-A, 306 IPC, Police Station- Ekdil, District- Etawah, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant is husband of the deceased and initially, FIR of the present case was lodged under Sections 498-A and 302 IPC but subsequently when it was revealed that deceased i.e. wife of the applicant committed suicide then case was converted under Section 306 IPC. 5. He further submitted that however, as per allegation, due to torture of the applicant and his family members, deceased committed suicide but from the record, it reflects that on the basis of vague allegation of torture, he has been made accused in the present matter. He further submitted that there is no evidence of abatement against the applicant on record. 6. He further submitted that actually applicant is pauper and due to his bad financial condition, deceased was under distress and only due to poverty of the applicant, she committed suicide. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.07.2024 i.e. for last more than seven months. 8. 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. 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 initially FIR of the present case was lodged under Section 302 IPC but it reflects that during investigation, case was converted under Section 306 IPC. 11. However, as per prosecution, due to torture of the applicant and his family members wife of the applicant i.e. deceased committed suicide but it reflects that only vague allegation of torture has been levelled against the applicant and his family members and considering this fact, the argument advanced by learned counsel for the applicant that there is no evidence of abatement against the applicant, cannot be completely ruled out. 12. Further, considering the fact that deceased i.e. wife of the applicant committed suicide, the argument advanced by learned counsel for the applicant with regard to alleged suicide committed by deceased cannot be completely ruled out at this stage. 13. Further, applicant is not having any criminal history and he is in jail in the present matter since 05.07.2024 i.e. for last more than seven months. 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- Vikas 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 :- 12.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad