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2026 DAILYLAW 2079 (ALL)

IDDA v. STATE OF U.P.

BAIL/16022/2026 · 2026-05-11

Sameer Jain

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16022 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Manish Kumar Singh, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 166 of 2025, under Sections 80(2), 85 BNS and Section 3/4 D.P. Act, Police Station Jansath, District Muzaffarnagar during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is father-in-law of the deceased and on the basis of false allegation he has been made accused in the present matter. 4. He further submits, actually marriage of the deceased with the son of applicant was her second marriage and even it is also the second marriage of the son of applicant and after marriage they could not adjust with each other. 5. He further submits, even from first marriage deceased was having two children and therefore very often dispute arose between husband and wife and only due to this reason she committed suicide by hanging and it appears, in haste after her death informant i.e. mother of the deceased lodged FIR of the present case. 6. He further submits, post mortem report also suggests that deceased died due to hanging. 7. He further submits, even during trial mother of the deceased i.e. informant Versus Counsel for Applicant(s) : Baikunth Nath Singh, Manish Kumar Singh, Ramesh Kumar Counsel for Opposite Party(s) : G.A. Idda .....Applicant(s) State of U.P. .....Opposite Party(s) of the case did not support the prosecution case and has been declared hostile and her statement recorded before the trial court has been annexed along with instant bail application. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 09.09.2025 i.e. for last more than eight months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the argument advanced by learned counsel for applicant and the fact that applicant is father-in-law of the deceased and there is no specific allegation against him and from the post mortem report prima facie it appears to be a case of suicidal death and during trial mother of the deceased i.e. informant of the case did not support the prosecution case and has been declared hostile and applicant is not having any criminal history and in the present matter he is in jail since 09.09.2025 i.e. for last more than eight months, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Idda 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. 14. 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 No. 16022 of 2026 2 bail of the applicant. 15. 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. May 12, 2026 AK Pandey BAIL No. 16022 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad