Angad Kumar vs State of U.P.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 109 of 2024, under Sections 80(2), 85 BNS and 3/4 D.P. Act, Police Station Barwapatti, District Kushinagar, during pendency of the trial in the court below.

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

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He further submitted that actually applicant was working as unskilled labour in Kabeer Enterprises Delhi and deceased always insisted to live with him in Delhi but due to poor financial condition applicant was not able to fulfill her desire and only due to this reason within three years of marriage she committed suicide by hanging.

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He further submitted that even post mortem report suggests that deceased died due to hanging.

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He further submitted that post mortem report also suggests that apart from the ligature mark, deceased did not sustain any other injury and her hyoid bone was also found intact and therefore, prima facie, post mortem also indicates that it is a case of suicidal death.

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He further submitted that applicant is having criminal history of one another case of section 354 IPC but his criminal history has been explained in the instant bail application and he is in jail in the present matter since 1.4.2025 i.e. for last more than a year.

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BAIL No. 13000 of 2026

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

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

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However, applicant is husband of the deceased and his wife died within three years of her marriage under abnormal circumstances and there is also allegation of torture for demand of a motorcycle and a golden chain but post mortem report suggests that deceased died due to hanging and from the post mortem report it also reflects, apart from the ligature mark she did not sustain any other injury and her hyoid bone was found intact, therefore, prima facie, it appears to be a case of suicidal death.

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Further considering the fact that applicant is working as labour in Delhi, the reason of suicide disclosed in the instant bail application also can not be ruled out at this stage.

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Further, however, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and in the present matter applicant is in jail for last more than a year.

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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.

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

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

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Let the applicant- Angad Kumar, 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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BAIL No. 13000 of 2026

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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.

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May 5, 2026 Ankita

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(Sameer Jain,J.)

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Angad Kumar v. State of U.P.

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Angad Kumar v. State of U.P.

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