An accused is presumed innocent until proven guilty, and bail should not be denied for punitive or preventive purposes, particularly when key prosecution witnesses turn hostile and medical evidence supports a theory of suicide.

1. Heard Sri Sacchidanand Tiwari, learned Advocate holding brief of Sri Ramesh Chandra Pal, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 151 of 2025, under Sections 115(2), 85, 80(2) BNS and Section 3 /4 D.P. Act , Police Station Kampil, District Farrukhabad during pendency of the trial.

3. 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.

4. He further submits, actually applicant was doing job in another State and behind him issue of stomach pain was developed to deceased and due to this reason she became highly disturbed and she was also highly sensitive lady too therefore only due to this reason she committed suicide.

5. He further submits, even during trial informant of the case i.e. father of the deceased in his cross examination admitted the above fact. He further submits, during trial when mother of the deceased was examined as PW-2 then she even in her examination-in-chief did not support the prosecution case and has been declared hostile and statements of these witnesses recorded before the trial court have been annexed along with instant bail application.

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

7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 14.09.2025 i.e. for last more than seven months.

8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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

10. However, applicant is husband of the deceased and his wife died within seven months of her marriage under abnormal circumstances in her matrimonial home and there was also allegation of torture for demand of Rs. 1 lakh and motorcycle but it appears, during trial mother of the deceased did not support the prosecution case and have been declared hostile. Further, even it appears, the informant of the case i.e. father of the deceased also did not support the prosecution case in his cross examination before the trial court.

11. Further, even post mortem report suggests that deceased died due to hanging and apart from the ligature mark she did not sustain any injury and her hyoid bone was found intact, therefore, prima facie it appears to be a case of suicidal death and considering the statements of parents of the deceased recorded before the trial court, the reason of suicide disclosed by learned counsel for applicant during the course of argument also cannot be completely ruled out at this stage.

12. Further, applicant is not having any criminal history and in the present matter he is in jail since 14.09.2025 i.e. for last more than seven months.

13. 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.

14. Therefore, considering the facts and circumstances of th