Neutral Citation No. - 2025:AHC:3186 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27461 of 2024 Applicant :- Omkar Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.,Jai Prakash Rao,Rajesh Kumar Srivastava,Sitaram Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Rajesh Kumar Yadav, learned counsel for the applicant and Sri Santosh Nigam, learned A.G.A. for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.13 of 2024, under Sections 498A, 304B, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Jamaniya, District Ghazipur, during pendency of the trial. 3. Learned counsel for the applicant submitted that applicant is father-in-law of the deceased and on the basis of false allegation of demand of dowry and torture, he has been made accused along with his other family members including husband of the deceased. 4. He further submits that actually applicant resided separately along with his wife and it appears that some dispute arose between husband and wife and due to this reason, deceased committed suicide and this fact is evident from the statements of the independent witnesses Alauddin and Sunil Kumar, which have been annexed at page 65 of the paper-book and even Postmortem Report of the deceased suggests that she died due to hanging. 5. He further submits that after considering entire facts of the case, mother-in-law of the deceased has been released on bail by this Court vide order dated 16.10.2024 passed in Criminal Misc. Bail Application No. 37594 of 2024 and case of applicant is at par with her. 6. He further submitted that applicant is not having any criminal history and in the present matter he is in jail since 14.01.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that applicant is father-in-law of the deceased and mother-in-law of the deceased has been released on bail by this Court vide order dated 16.10.2024 passed in Criminal Misc. Bail Application No. 37594 of 2024 and deceased died due to hanging. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the arguments advanced by learned counsel for the applicant and the fact that applicant is father-in-law of the deceased and mother-in-law of the deceased has been released on bail by this Court vide order dated 16.10.2024 passed in Criminal Misc. Bail Application No. 37594 of 2024 and case of applicant is at par with him and deceased died due to hanging and in the present matter applicant is in jail since 14.01.2024, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Omkar Paswan 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. 12. 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. 13. 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 :- 7.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad