The court grants bail based on the absence of evidence linking the petitioner to the alleged crime, emphasizing the presumption of innocence.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 21-01-2026 Heard learned counsel for the petitioner; learned Additional Public Prosecutor for the State and learned counsel for the informant, who has appeared suo motu.

2. The petitioner seeks bail in connection with Fatehpur PS Case No.254 of 2025 dated 11.04.2025, instituted for the offence punishable under Sections 103 (1), 3(5) of the Bharatiya Nyaya Sanhita , 2023.

married with the petitioner about eight years ago. On been killed by her in-laws. Petitioner is the husband of the deceased.

4. Learned counsel for the petitioner submits that it is admitted fact that the marriage of the petitioner was performed with the deceased about eight years ago and in the aforesaid background, the Investigating Officer has submitted charge- sheet under Section 108 of the Bharatiya Nyaya Sanhita , 2023. It is further submitted that from the perusal of Inquest Report, it would appear that it was a case of suicide and there was no sign of any external injury on the person of the deceased. At the time of occurrence, the petitioner was not present in the house and when he came home and knew about the incident, he immediately took the deceased to hospital and got her admitted on 10.02.2025 at 12.30 PM; the deceased was kept on ventilator for one day and the deceased died on 11.10.2025 at 12.20 PM. Learned counsel further submitted that in the report of Forensic Science Laboratory, it is clearly mentioned that partial hanging may be possible on the basis of inspection of the crime scene. The deceased herself committed suicide in absence of the petitioner. Lastly, it is submitted that the petitioner is in custody since 12.04.2025 having clean antecedents.

5. Learned APP as well as learned counsel for the informant has opposed the prayer for bail. Learned counsel for the informant submits that the petitioner is the husband of the deceased and he is wholly responsible towards the deceased.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Gaya, in Fatehpur PS Case No.254 of 2025.

7. The application stands allowed.

(Khatim Reza, J)