Altaf vs State Of U.P.

Abhishek Tiwari, Adya Prasad Pandey, Alok Kumar Pandey, Arvind Kumar Singh

Counsel for Opposite Party(s)

:

G.A.

Court No. - 66

HON'BLE SAMEER JAIN, J.

1. Heard Sri Abhishek Tiwari, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 29 of 2025, under Sections 80, 85 BNS and Section 3/4 D.P. Act, Police Station Ankur Vihar, District Ghaziabad 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 deceased was highly sensitive lady and she was short tampered too, therefore, she always used to create scene in her matrimonial home, therefore, there was matrimonial discord between husband and wife and husband used to scold her and only due to her nature on the date of incident on minor issue some dispute arose between husband and wife and thereafter she committed suicide by hanging and after her death informant lodged FIR of the present case on the basis of false allegation of torture with regard to demand of dowry.

5. He further submits, even post mortem report suggests that deceased died due to hanging and apart from the ligature mark she was not having any other injury on her body and even her Hyoid bone was found intact, therefore, prima facie it appears to be a case of suicidal death.

6. He further submits, even during trial mother of the deceased i.e. informant of the case did not support the prosecution case and has been declared hostile and even according to informant deceased was short tampered lady and statement of informant recorded before the trial court has been annexed along with instant bail application.

7. He further submits, applicant is not having any criminal history and in the present matte he is in jail since 24.01.2025 i.e. for last more than a year.

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 one and half years of her marriage under abnormal circumstances in her matrimonial home and there was also allegation of torture for demand of Rs. 2 lakhs but it reflects, during trial informant of the case i.e. mother of the deceased did not support the prosecution case and has been declared hostile.

11. Further, post mortem report suggests that deceased died due to hanging and apart from the ligature mark she did not sustain any injury and even her Hyoid bone was found intact, therefore prima facie it appears to be a case of suicidal death.

12. Further, from the statement of informant i.e. mother of the deceased recorded before the trial court it reflects, even according to her deceased was short tampered lady and considering this fact, the defence taken by the applicant in the instant bail application with regard to suicidal death of the deceased cannot be ruled out at this stage.

13. Further, applicant is not having any criminal history and in the present matte he is in jail since 24.01.2025 i.e. for last more than a year.

14. 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.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant - Altaf 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.

18. 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.

19. 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.

(Sameer Jain,J.)

May 7, 2026

AK Pandey