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 High Court considered a bail application filed by Bittu, who is accused in a murder case (Crime No. 60 of 2025) arising from the alleged suicide of his wife. The applicant argued that the death was a suicide, supported by the post‑mortem report, and that he has no prior criminal record, having been in custody since 7 February 2025. The State opposed bail but did not dispute the factual contentions presented by the applicant. The Court noted that the possibility of suicide could not be ruled out, the accused is presumed innocent until proven guilty, and he has no criminal history. Consequently, the Court granted bail subject to a personal bond, two sureties, and conditions restricting tampering with evidence and further criminal activity. The order expressly limited its observations to the bail application and did not address the merits of the trial.
Issues considered
- Whether the accused is entitled to bail under Sections 80, 85 of the IPC and Sections 3/4 of the D.P. Act pending trial.
- Whether the presumption of innocence and lack of criminal history justify granting bail despite the nature of the alleged offence.
Legislation cited
- Delhi Police Act — s. 3, 4
- Indian Penal Code — s. 80, 85
Subjects
- bail
- presumption of innocence
- suicide
- murder trial
- marital dispute
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32542 of 2025
Bittu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amresh Tripathi, Kamlesh Singh
Counsel for Opposite Party(s) : Akash Kumar Nishad, G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Case called out in revised list. None present on behalf of informant.
2. Heard Sri Amresh Tripathi and Sri Kamlesh Singh, learned counsels for
the applicant and Sri Imran Khan, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 60 of 2025, under Sections 80, 85 BNS and
Section 3/4 D.P. Act, Police Station Salempur, District Deoria 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, however, marriage of the applicant with the deceased
was love marriage but after marriage she insisted to live separately but
applicant was not ready for the same and therefore dispute arose between
husband and wife and their matrimonial relationship could not remain
cordial and only due to this reason 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 07.02.2025.
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. 32542 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
two and half years of her marriage under abnormal circumstances in her
matrimonial home and there is also allegation of torture in connection to
demand of four wheeler and money 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
disclosed by the applicant in paragraph-27 of the affidavit also cannot be
completely brushed aside.
10. Further, applicant is not having any criminal history and in the present
matter he is in jail since 07.02.2025 i.e. for last more than a year.
11. 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.
12. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
13. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
14. 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.
15. 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.
BAIL No. 32542 of 2025
3
16. 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 2, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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