HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14993 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Prashant Yadav, learned counsel for the applicant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0125 of 2025, under Sections 80(2), 85 BNS and Section 3/4 D.P. Act, Police Station Bhoganipur, District Kanpur Dehat during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation he has been made accused in the present matter. He further submits, actually marriage of the applicant was solemnized with the deceased in January, 2020 and though with the wedlock of applicant she begot a female child but she wanted male child and therefore she was under depression and tension and applicant was not ready for second child and only due to this reason very often dispute arose between husband and wife and ultimately she could not cope up with the depression and tension and committed suicide by hanging. 4. He next submits, even as per autopsy surgeon deceased died due to hanging and apart from the ligature mark deceased did not sustain any injury. He further submits, even hyoid bone of the deceased was found intact, therefore, prima facie post mortem report shows, it is a case of suicidal death. 5. He further submits, even during trial parents of the deceased did not support the prosecution case and they have been declared hostile. He further Versus Counsel for Applicant(s) : Prashant Yadav Counsel for Opposite Party(s) : G.A. Shivam Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) submits, however, brother of the deceased i.e. informant of the case in his examination-in-chief supported the prosecution case but during cross- examination he also did not support the prosecution case and statements of these witnesses have been annexed along with instant bail application. 6. He further submits, apart from the present case applicant is also having criminal history of one another case but that case relates to minor offences relating to Sections 323, 504, 506 IPC. 7. He further submits, in the present matter applicant is in jail since15.04.2025 i.e. for last more than a year. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is husband of the deceased and his wife died within five and half years of her marriage under abnormal circumstances in her matrimonial home and there was also allegation of torture for demand of four wheeler and Rs. 5 lakhs but it appears, during trial parents of the deceased did not support the prosecution case and have been declared hostile. Further, even informant of the case i.e. brother of the deceased also during his cross-examination did not support the prosecution case. 11. Further, post mortem report of the deceased suggests that deceased died due to hanging and apart from the ligature mark deceased did not sustain any injury and her hyoid bone was found intact, therefore, prima facie it appears to be a case of suicidal death. 12. Further, apart from the present case applicant is however having criminal history of one another case but that case relates to minor offences relating to Sections 323, 504, 506 IPC. 13. Further, in the present matter applicant is in jail since15.04.2025 i.e. for last more than a year. 14. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive purpose. BAIL No. 14993 of 2026 2 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 - Shivam 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. May 5, 2026 AK Pandey BAIL No. 14993 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad