Neelam v. State of U.P. Thru. Prin. Secy. Home U.P. Lko

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12770 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.

¶1Heard Sri Ramakar Shukla, learned counsel for the applicant, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 25 of 2025, under Section 108, B.N.S., Police Station Gosainganj, District Sultanpur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.01.2025 against the applicant and others stating that on 19.01.2025 the accused, who are in-laws of informant's brother/deceased, have killed his brother by beating him severally.

¶4Learned counsel for the applicant has submitted that the applicant is innocent and she has been falsely implicated in the present case and is languishing in jail since 18.11.2025.It is further submitted that there is no evidence indicating that the applicant, who is wife of the deceased, was involved in commission of crime. She was living happy married life with the deceased, however, he committed suicide by hanging himself. It is further submitted that the deceased died on 19.01.2025 and the information was given by brother of the applicant and on his information inquest and postmortem was done. The postmortem report does not indicate that any injury was found on the person of the deceased, except ligature mark, which has been caused due to hanging. As per postmortem report, cause of death is 'Asphyxia as a result of hanging'. It is also submitted that the deceased was alcoholic, and in the viscera report, Methyl Alcohol has been found.

¶5The learned Additional Government Advocate has opposed the bail, but he could not dispute the facts mentioned above.

¶6Considering the overall facts and circumstances of the case, particularly the facts that in the postmortem report, no external or internal injury has Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Neelam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) been found, except ligature mark, which has been caused due to hanging, as per postmortem report, cause of death is 'Asphyxia as a result of hanging', in the viscera report, Methyl Alcohol has been found, there is no evidence of abetment done for suicide, the applicant has no previous criminal history, and she is in jail since 18.11.2025, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Neelam 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. December 17, 2025 A.Nigam BAIL No. 12770 of 2025 (Brij Raj Singh,J.) High Court of Judicature at Allahabad, Lucknow Bench