HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 896 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Devendra Kumar Tiwari, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.544 of 2025, under Sections 103(1), 230, 238(B), 240, 61(2) BNS and Section 4/25 Arms Act, Police Station Aonla, District Bareilly, during pendency of the trial. 3. Learned counsel for the applicant submits, however applicant is husband of the deceased and he lodged the FIR of the present case and according to the FIR lodged by him when he was going alongwith his wife i.e. deceased then some unknown miscreants committed loot and made assault upon his wife due to which she sustained injuries and died but during investigation without any cogent evidence merely on the basis of suspicion applicant has been made accused in the present matter. 4. He next submits, according to the prosecution applicant developed relationship with some other lady therefore he committed murder of his wife and cooked up a false story of loot and lodged FIR against unknown person but during investigation I.O. could not trace out any such lady who was in relationship with the applicant. 5. He further argued, applicant is victim of the case and in the alleged incident he lost his wife and he is informant of the case but during Versus Counsel for Applicant(s) : Amar Bahadur Maurya, Devendra Kumar Tiwari Counsel for Opposite Party(s) : G.A. Omsaran .....Applicant(s) State of U.P. .....Opposite Party(s) investigation without any cogent evidence he has been made accused in the present matter. 6. He further argued, except doubt and suspicion there is no cogent evidence against the applicant which can prima facie connect the applicant with the instant crime. 7. He further submits, applicant is not having any other criminal history and in the present matter he is in jail since 31.07.2025 i.e. for last more than a year. 8. Per contra, learned AGA however 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 but he himself lodged the FIR of the present case against unknown person with regard to the murder of his wife by unknown miscreants. It reflects, during investigation he has been made accused in the present matter on the ground that he was having illicit relationship with some other lady and therefore he committed murder of his wife but it reflects, except statement of applicant recorded by the I.O. there is no other cogent evidence against him on record. From the record it also reflects, even during investigation I.O. could not even make any query from the lady with whom allegedly applicant was having relationship. It reflects, prima facie there is no cogent evidence which can suggest, applicant committed the murder of the deceased. 11. Further, from the record it also reflects, after the incident applicant immediately informed his friend who informed the police and thereafter police arrived at spot and this shows the bona fide of the applicant. 12. Further, applicant is not having any other criminal history and in the present matter he is in jail since 31.07.2025 i.e. for last more than a year. 13. Therefore, considering the facts and circumstances of the case BAIL No. 896 of 2026 2 discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Omsaran 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. 16. 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. 17. 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. September 18, 2026 Shahroz BAIL No. 896 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad