Allahabad High Court
BITTUversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The applicant, Bittu, was arrested in connection with the death of his wife, who allegedly committed suicide by hanging within 11 months of their marriage, which was arranged under a government scheme. The prosecution alleged that Bittu tortured the deceased to extort money and a motorcycle, but the post‑mortem report confirmed death by hanging, and the applicant claimed the death was a suicide. Bittu has no prior criminal record and has been in custody since 18‑02‑2025. The defense argued that the presumption of innocence applies and that bail should not be denied for punitive or preventive reasons. The court examined the facts, noted the lack of a proven guilt, and, considering the applicant’s clean record and the possibility of suicide, granted bail with conditions. The bail order was issued without commenting on the merits of the underlying murder case.
Issues considered
- Whether the applicant is entitled to bail under Sections 85 and 80(2) of the Criminal Procedure Code and Sections 3/4 of the D.P. Act despite the serious nature of the allegations.
- Whether the possibility of suicide, as indicated by the post‑mortem report, affects the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 80(2), 85
- D.P. Act — s. 3, 4
Subjects
- bail
- Criminal Procedure Code
- D.P. Act
- presumption of innocence
- suicide
- murder accusation
- marital dispute
- post‑mortem report
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30350 of 2025
Bittu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : R.K. Mishra, Shivam Tiwari
Counsel for Opposite Party(s) : Akhilesh Kumar Pandey, G.A.
Court No. - 67
HON'BLE SAMEER JAIN, J.
1. Case called out in revised list. None present on behalf of informant.
2. Heard Sri Shivam Tiwari, learned counsel for the applicant and Sri
Ghanshyam Mishra, learned Brief Holder for the State.
3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 80 of 2025, under Sections 85, 80(2) BNS and
Section 3/4 D.P. Act, Police Station Deoband, District Saharanpur 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. He further submits, actually marriage of the applicant and deceased was
solemnized in Mukhyamantri Samuhik Vivah Yojna against the wishes of
the deceased and therefore after marriage she did not perform her
matrimonial duties and remained under depression and due to this reason
very often quarrel took place between husband and wife and only due to this
reason within 11 months of marriage she committed suicide by hanging. He
further submits, even post mortem report suggests that deceased died due to
hanging.
6. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 18.02.2025 i.e. for last more than a year.
7. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
BAIL No. 30350 of 2025
2
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 a
year of her marriage under abnormal circumstances in her matrimonial home
and there is also allegation of torture in connection to demand of Rs. 1 lakh
and motorcycle but post mortem report suggests that deceased died due to
hanging, therefore, possibility of suicide committed by the deceased at this
stage cannot be ruled out.
10. Further, it reflects, marriage of the applicant with the deceased was
performed under the scheme of Mukhyamantri Samuhik Vivah Yojna and
considering this fact, the argument advanced by learned counsel for
applicant with regard to suicide committed by the deceased cannot be ruled
out at this stage.
11. Further, applicant is not having any criminal history and in the present
matter he is in jail since 18.02.2025 i.e. for last more than a year.
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 - Bittu 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
BAIL No. 30350 of 2025
3
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.
March 19, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
Checking your session…