Avanish @ Anish Vs State of U.P.

The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.793 of 2025, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, Police Station Gulriha, District Gorakhpur 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 deceased was not happy with her marriage with the applicant as she wanted to marry with some other person and therefore even after marriage she did not perform her matrimonial duties and therefore dispute arose between husband and wife and only due to this reason she committed suicide within three months of her marriage after consuming pesticide and even viscera report of the deceased suggests that she died due to consumption of Aluminum Phosphide.

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He further submits, even informant i.e. mother of the deceased during trial did not support the prosecution case and has been declared hostile and her statement recorded before the trial court has been annexed along with supplementary affidavit dated 21.02.2026.

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He further submits, applicant is not having any criminal history and in the

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BAIL No. 36345 of 2025

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present matter he is in jail since 24.08.2025 i.e. for last more than six months.

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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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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 months of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of torture in connection to demand of dowry but during trial informant of the case i.e. mother of the deceased has been declared hostile.

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Further, even considering the viscera report of the deceased, the possibility of suicide committed by the deceased cannot be ruled out and considering the short duration of marriage, even the reason of suicide committed by the decreased disclosed by learned counsel for applicant also 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 24.08.2025 i.e. for last more than six months.

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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 - Avanish @ Anish 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

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BAIL No. 36345 of 2025

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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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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 18, 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

Avanish @ Anish v. State of U.P.

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Avanish @ Anish v. State of U.P.

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