Neutral Citation No. - 2025:AHC:21211 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1818 of 2025 Applicant :- Vinay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pramod Kumar Maurya, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, 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.518 of 2023, under Sections 85 and 108 BNS and Section 3/4 Dowry Prohibition Act, Police Station Bansgaon, District Gorakhpur during pendency of the trial. 3. FIR of the present case was lodged against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant in the month of December, 2017 and after marriage applicant and his family members tortured her for demand of Rs.Two Lacs and a bullet motorcycle and on 13.8.2024 they committed her murder. 4. Learned counsel for the applicant submits that on the basis of false allegation applicant, who is however, husband of the deceased has been made accused in the present matter. 5. He further submits that actually marriage of the applicant with the deceased was second marriage and when in the year 2018 a daughter was born with the wedlock of applicant and deceased then after blood analysis of the daughter it was found that she was HIV Positive and thereafter it was also revealed that even deceased and applicant were also HIV Positive and this fact is evident from the blood report of the applicant and deceased and their daughter which have been annexed as Annexure-7 to the affidavit filed in support of the instant bail application. 6. He further submits that when deceased came to know above fact then she committed suicide by hanging herself. 7.He further submits that during investigation when Investigating Officer came to know that actually deceased committed suicide then he converted the case under Section 108 BNS. However, initially FIR was lodged under Section 80(2) BNS. 8. He further submits that considering the above facts, applicant cannot be held liable for the suicide committed by his wife. 9. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 20.8.2024. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. From the record it reflects that initially FIR of the present case was lodged under Section 80(2) BNS but during investigation when it was found that deceased, i.e., wife of applicant committed suicide then case was converted under Section 108 BNS. 13. Further, from Annexure-7 of the affidavit filed in support of the instant bail application it reflects that applicant, his wife,i.e., deceased and their daughter were HIV positive and considering this fact the argument advanced by the learned counsel for the applicant that when deceased came to know that she, her daughter and her husband, i.e., applicant are HIV positive then under depression she committed suicide, cannot be ruled out at this stage. 14. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 20.8.2024, i.e., for almost six months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Vinay 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. 18. 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. 19. 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 :- 14.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad