HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15349 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Today power has been filed by Miss. Amrita Singh, Advocate, on behalf of informant which is taken on record. 2. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Pradeep Kumar Sharma, Advocate, holding brief of Miss. Amrita Singh, learned counsel for informant and Sri Kunwar Tejendra Bahadur Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.162 of 2025, under Sections 115(2), 352, 351(3), 85, 80(2) B.N.S. and section 3/4 D.P. Act, Police Station Asmoli, District Sambhal, during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is husband of deceased but on the basis of false allegation he has been made accused in the present matter. 5. He further argued, actually deceased was short tempered lady and she did not want to perform her matrimonial duties and, therefore, very often her dispute arose with the applicant and his family members and only due to her nature she committed suicide by hanging. 6. He next submits, post mortem report of the deceased also suggests that she died due to hanging and her hyoid bone was found intact and apart from the ligature mark she did not sustain any other injury and, therefore, paima facie, even from the post mortem report it appears to be a case of suicidal death. 7. He further argued, even during trial in cross examination informant of the case i.e. father of deceased categorically stated that applicant and his family members are innocent and they never tortured the Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A. Sachin .....Applicant(s) State of U.P. .....Opposite Party(s) deceased in any manner and deceased committed suicide only due to the reason that she was short tempered lady and on the instigation of villagers he lodged F.I.R. of the present case and the statement of the informant recorded before the trial court has been annexed along with the supplementary affidavit dated 29.04.2026 filed in support of instant bail application. He next submits, therefore, even the statement of the informant recorded before the trial court also indicates it is not a case of dowry death. 8. He further argued, applicant is not having any criminal history and in the present matter he is in jail since 14.06.2025 i.e. for last more than 10-1/2 months. 9. Per contra, learned AGA as well as counsel for informant opposed prayer for bail but could not dispute the argument on fact advanced by learned counsel for applicant including the fact that during trial father of deceased i.e. informant of the case in his cross examination did not support the prosecution case and categorically stated that applicant and his family members are innocent and deceased committed suicide due to her nature and on the instigation of villagers, he lodged F.I.R. of the present case. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is husband of deceased and his wife died within two years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of torture for demand of a Bolero four-wheeler and some other expensive items but it reflects, during trial father of deceased i.e. informant of the case in his cross examination did not support the prosecution case and categorically stated that deceased was short tempered lady and due to her nature she committed suicide and after her death on the instigation of villager he lodged F.I.R. of the present case. It reflects informant in his statement also stated that applicant and his family members are innocent. 12. Further, even post mortem report suggests deceased died due to hanging and apart from the ligature mark she did not sustain any other injury and even her hyoid bone was found intact and considering the post mortem report and statement of the informant recorded before the trial court, prima facie, it appears to be a suicidal case. Further, considering the statement of the informant recorded before the trial court even reason of suicide disclosed by applicant in the instant bail application also cannot be ruled out at this stage. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 14.06.2025 i.e. for last 10-1/2 BAIL No. 15349 of 2026 2 months. 14. Further law is settled, unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed either for preventive or punitive purpose. 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 -Sachin 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. May 6, 2026 Kumar Manish BAIL No. 15349 of 2026 3 (Sameer Jain,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad