Allahabad High Court

IDDAversusSTATE OF U.P.

Decided: 11 May 2026
Bench: SAMEER JAIN

Holding

The applicant is entitled to be released on bail.

Summary

The Allahabad High Court considered a bail application filed by Idda, who is accused in a case registered under Sections 80(2), 85 of the Evidence Act and Sections 3 and 4 of the D.P. Act. The applicant asserted that he was falsely implicated, being the father‑in‑law of the deceased who allegedly committed suicide by hanging, and that the informant (the mother of the deceased) had turned hostile. The post‑mortem report confirmed death by hanging and there was no specific allegation against the applicant, who has no prior criminal record but has been in custody for more than eight months. The State opposed bail but did not dispute the factual contentions raised by the applicant. After noting the lack of incriminating evidence, the hostile witness, and the prolonged pre‑trial detention, the court granted bail subject to standard conditions, expressly limiting its observations to the bail application and not prejudicing the trial.

Issues considered

Whether bail should be granted to the accused under Sections 80(2), 85 of the Evidence Act and Sections 3/4 of the D.P. Act in view of the alleged suicide and lack of specific allegation against him
Whether the informant's hostile statement and the applicant's clean criminal record justify release on bail

Legislation cited

D.P. Act — s. 3, 4
Indian Evidence Act, 1872 — s. 80(2), 85

Subjects

bail
suicide
false allegation
hostile witness
pre‑trial detention
Indian Evidence Act
D.P. Act
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 16022 of 2026

Idda
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Baikunth Nath Singh, Manish Kumar
Singh, Ramesh Kumar
Counsel for Opposite Party(s) : G.A.

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
BAIL No. 16022 of 2026
2

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
3

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
(Sameer Jain,J.)

Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad

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