Bail may be granted when the primary informant fails to support the prosecution's case during trial and medical evidence suggests suicide, adhering to the principle that an accused is presumed innocent and bail should not be used punitively.

1. Today power has been filed by Miss. Amrita Singh, Advocate, on behalf of informant which is taken on record.

2. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Pradeep Kumar Sharma, Advocate, holding brief of Miss. Amrita Singh, learned counsel for informant and Sri Kunwar Tejendra Bahadur Singh, learned AGA for the State.

3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.162 of 2025, under Sections 115(2), 352, 351(3), 85, 80(2) B.N.S. and section 3/4 D.P. Act, Police Station Asmoli, District Sambhal, during pendency of the trial.

4. Learned counsel for the applicant submits, however, applicant is husband of deceased but on the basis of false allegation he has been made accused in the present matter.

5. He further argued, actually deceased was short tempered lady and she did not want to perform her matrimonial duties and, therefore, very often her dispute arose with the applicant and his family members and only due to her nature she committed suicide by hanging.

6. He next submits, post mortem report of the deceased also suggests that she died due to hanging and her hyoid bone was found intact and apart from the ligature mark she did not sustain any other injury and, therefore, paima facie, even from the post mortem report it appears to be a case of suicidal death.

7. He further argued, even during trial in cross examination informant of the case i.e. father of deceased categorically stated that applicant and his family members are innocent and they never tortured the deceased in any manner and deceased committed suicide only due to the reason that she was short tempered lady and on the instigation of villagers he lodged F.I.R. of the present case and the statement of the informant recorded before the trial court has been annexed along with the supplementary affidavit dated 29.04.2026 filed in support of instant bail application. He next submits, therefore, even the statement of the informant recorded before the trial court also indicates it is not a case of dowry death.

8. He further argued, applicant is not having any criminal history and in the present matter he is in jail since 14.06.2025 i.e. for last more than 10-1/2 months.

9. Per contra, learned AGA as well as counsel for informant opposed prayer for bail but could not dispute the argument on fact advanced by learned counsel for applicant including the fact that during trial father of deceased i.e. informant of the case in his cross examination did not support the prosecution case and categorically stated that applicant and his family members are innocent and deceased committed suicide due to her nature and on the instigation of villagers, he lodged F.I.R. of the present case.

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

11. However, applicant is husband of deceased and his wife died within two years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of torture for demand of a Bolero four-wheeler and some other expensive items but it reflects, during trial father of deceased i.e. informant of the case in his cross examination did not support the prosecution case and categorically stated that deceased was short tempered lady and due to her nature she committed suicide and