AKASHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 30286 of 2025

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

Counsel for Applicant(s)      : Adarsh Srivastava,           Gyan       Prakash
                                Mishra, Reena Pal
Counsel for Opposite Party(s) : G.A., Rohit Singh

Court No. - 66
                      HON'BLE SAMEER JAIN, J.

1. Supplementary affidavit filed by the applicant is taken on record.

2. Heard Ms. Reena Pal, learned counsel for the applicant, Sri Rohit Singh,
learned counsel for informant and Sri Rajeev Dhar Dwivedi, learned AGA
for the State.

3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 90 of 2025, under Sections 85, 115(2), 352,
351(3), 80(2) BNS and Section 3/4 D.P. Act, Police Station Kotwali Dehat,
District Bulandshahr during pendency of the trial.

4. 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.

5. She further submits, actually applicant did work of tiles in Delhi and
deceased always insisted to live with him but as his earning was not
sufficient to live in Delhi along with his wife, therefore, he could not take
her in Delhi and only due to this reason she committed suicide by hanging.
She further submits, even post mortem report suggests that deceased died
due to hanging.

6. She further submits, applicant is not having any criminal history and in
the present matter he is in jail since 08.06.2025 i.e. for last ten months.

7. Per contra, learned AGA as well as learned counsel for informant opposed
the prayer for bail and submit, applicant is husband of the deceased and his
wife died within four years of her marriage under abnormal circumstances in
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her matrimonial home and there is also allegation of torture for demand of
Rs. 5 lakhs but they could not dispute the fact that deceased died due to
hanging. Learned AGA however submits, applicant is having criminal
history of one another case but fairly conceded, that case relates to minor
offence.

8. I have heard learned counsel for the parties and perused the record of the
case.

9. However, applicant is husband of the deceased and his wife died within
four years of her marriage under abnormal circumstances in her matrimonial
home and there is also allegation of torture for demand of Rs. 5 lakhs but
post mortem report suggests that deceased died due to hanging and therefore
possibility of suicide committed by the deceased cannot be ruled out at this
stage and reason of suicide committed by the deceased disclosed by the
applicant in the affidavit and supplementary affidavit filed in support of
instant bail application also cannot be completely brushed aside at this stage.

10. Further, however, it appears, applicant is having criminal history of one
another case but that case relates to minor offence.

11. Further, in the present matter applicant is in jail since 08.06.2025 i.e. for
last ten months.

12. 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.

13. Therefore, considering the facts and circumstances of the case 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 - Akash 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
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                                                                     3


                                    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.

                                    April 23, 2026
                                    AK Pandey
                                                                                                  (Sameer Jain,J.)




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