Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30269 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 184 of 2024, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Jahanaganj, District-Azamgarh, during the pendency of trial. 3-As per the prosecution case in brief, complainant, who is uncle of the deceased got a first information report lodged on 20.04.2024 against Kishan and Mannu who are husband and brother-in-law of the deceased making allegation inter-alia that the marriage of his niece was solemnized with the applicant about a year back and from the said wedlock, she gave birth to a female child on 31.03.2025. Thereafter, the accused persons started making taunt whereby she was very much hurt and committed suicide on 18.04.2024. 4-It is argued by learned counsel for the applicant that the applicant is husband of the deceased and has been falsely implicated in this case. The marriage of the applicant with the deceased was a love- cum-arrange marriage, hence, there was no question for harassment of the deceased. It is next submitted that in fact, after the delivery of the deceased, her health was not good, therefore, she was under depression and on account of the said reason, she committed suicide leaving behind her baby, who is presently aged about one year. In
order to establish the bona-fide of the applicant, it is further pointed Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A. Kishan .....Applicant(s) State of U.P. .....Opposite Party(s)
out that the information about the death of the deceased was immediately given by the applicant to her mother as well as to the police, on which the inquest of the deceased was conducted and during the inquest also, applicant was present, received her cadaver and cremated the same in accordance with Hindu Rites and Rituals, which shows natural conduct of the applicant. Thereafter, uncle of the deceased lodged an F.I.R. after two days' on 20.04.2024 in order to settle his personal score. It is also pointed out that co-accused Mannu, under similar accusation, has been granted bail by the co- ordinate Bench of this Court vide order dated 12.03.2025 in Criminal Misc. Bail Application No. 7104 of 2025. The applicant has no criminal antecedent and is languishing in jail since 21.04.2024. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per post-mortem report of the deceased, cause of death of the deceased is asphyxia as a result of ante-mortem hanging and except a ligature mark, no other injury was found on the body of the deceased. The deceased committed suicide leaving behind her baby who is aged about one year. This Court is also of the view that the parents are needed to take care of the children. Without proper upbringing, their life may be ruined, therefore, in the interest of justice, this Court feels that applicant should be enlarged on bail. 7-Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.
8-Let the applicant-Kishan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the BAIL No. 30269 of 2025 2
following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10-It is made clear that the observations contained in the instant
order are confined to the issue of bail and shall not affect the merit of the trial. September 11, 2025 Saurabh BAIL No. 30269 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad