Bittu Vs State of U.P.

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

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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.

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He further submits, actually marriage of the applicant and deceased was solemnized in Mukhyamantri Samuhik Vivah Yojna against the wishes of the deceased and therefore after marriage she did not perform her matrimonial duties and remained under depression and due to this reason very often quarrel took place between husband and wife and only due to this reason within 11 months of marriage she committed suicide by hanging. He further submits, even post mortem report suggests that deceased died due to hanging.

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He further submits, applicant is not having any criminal history and in the present matter he is in jail since 18.02.2025 i.e. for last more than a year.

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

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BAIL No. 30350 of 2025

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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 a year of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of torture in connection to demand of Rs. 1 lakh and motorcycle but post mortem report suggests that deceased died due to hanging, therefore, possibility of suicide committed by the deceased at this stage cannot be ruled out.

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Further, it reflects, marriage of the applicant with the deceased was performed under the scheme of Mukhyamantri Samuhik Vivah Yojna and considering this fact, the argument advanced by learned counsel for applicant with regard to suicide committed by the deceased cannot be ruled out at this stage.

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Further, applicant is not having any criminal history and in the present matter he is in jail since 18.02.2025 i.e. 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 - Bittu 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

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BAIL No. 30350 of 2025

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at liberty to move an application before this Court for cancellation of the bail of the applicant.

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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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March 19, 2026 AK Pandey

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(Sameer Jain,J.)

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Bittu v. State of U.P.

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Bittu v. State of U.P.

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