HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42570 of 2024 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Vinay Kumar Tripathi, learned Advocate holding brief of Sri Deeraj Kumar Dwivedi, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 058 of 2022, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Chitaipur, District Varanasi during pendency of the trial. 3. Learned counsel for the applicant submits, however, this is second bail application filed on behalf of applicant and first bail application of the applicant has been dismissed by this Court vide order dated 17.07.2023 which has been annexed at page-24 of the paper-book after considering the fact that applicant is husband of the deceased and his wife died due to smothering within four years of her marriage and there is also allegation of torture for demand of dowry but applicant is pressing the instant second bail application on the sole ground that in the present matter he is in jail since 02.06.2022 i.e. for almost four years and till date out of 20 witnesses only one could be examined. 4. He further submits, along with supplementary affidavit he has filed the latest order-sheet of the case and from the order-sheet it reflects, in spite of repeated warrants prosecution witnesses are not appearing before the trial court. 5. He further submits, on 17.02.2026 though a recall application was moved Versus Counsel for Applicant(s) : Dheeraj Kumar Dwivedi, K.S. Tiwari, Shiv Shanker Pandey, Vivek Tiwari Counsel for Opposite Party(s) : G.A. Manoj Sahani .....Applicant(s) State of U.P. .....Opposite Party(s) by the prosecution and the same was allowed but again on 13.03.2026 prosecution witnesses did not appear before the trial court and therefore it reflects, prosecution witnesses are reluctant to appear before the trial court and without any fault of the applicant trial is being lingered on. 6. 6. He further submits, right of speedy trial is a fundamental right of an accused and on its violation even in serious cases he can be released on bail and considering the order-sheet of the case it cannot be said that fundamental right of applicant has not been violated and considering the fact that applicant is in jail for almost four years he should be released on bail specially considering the fact that there is no evidence that applicant is causing delay in trial. 7. Per contra, learned AGA opposed the prayer for bail and submit, this is second bail application filed on behalf of applicant and first bail application of the applicant has been dismissed after considering the fact that he is husband of the deceased and his wife died due to smothering in her matrimonial home and there is also allegation of torture for demand of dowry but he could not dispute the fact that in the present matter applicant is in jail for almost four year and till date only one prosecution witness could be examined out of 20 witnesses of the charge-sheet and in spite of repeated summons and warrants prosecution witnesses are not appearing before the trial court and there is no allegation that applicant is causing delay in trial. 8. Learned AGA however further submits, apart from the present case applicant is having criminal history of one another case but he fairly conceded, that case relates to Section 354A IPC which is of the year 2017. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, this is second bail application filed on behalf of applicant and first bail application of the applicant has been dismissed after considering the fact that applicant is husband of the deceased and his wife died due to smothering in her matrimonial home within four years of her marriage and there is also allegation of torture for demand of dowry but applicant is in jail since June, 2022 i.e. for almost four years and till date out of 20 witnesses of the charge-sheet only one could be examined. 11. Order-sheet of the case suggests that in spite of repeated summons and BAIL No. 42570 of 2024 2 warrants prosecution witnesses are not appearing before the trial court. 12. Further, even from the report of court concerned dated 21.02.2026 it reflects, till 21.02.2026 only statement of PW-1 could be recorded, therefore, it reflects, trial of the case is moving with languid pace and there is no hope of early disposal of trial and there is no evidence that applicant is causing delay in trial rather it reflects, due to non appearance of the prosecution witnesses trial could not be proceeded any further. 13. This Court finds merit in the argument advanced by learned counsel for applicant that right of speedy trial is a fundamental right of an accused and an accused cannot be detained in jail without trial for eternal period as pre trial conviction is not permissible. 14. This Court also finds merit in the argument advanced by learned counsel for applicant that if from the record it reflects, fundamental right of speedy trial of the accused has been violated then in appropriate cases this Court can enlarge the accused on bail. As already observed from the record of the case it reflects, in spite of repeated warrants prosecution witnesses are not turning before the trial court and there is no evidence that applicant is causing delay in trial, therefore, prima facie it reflects, fundamental right of speedy trial of the applicant has been violated. 15. In the present matter applicant is in jail for almost four years, therefore, considering the facts and circumstances of the case particularly the long incarceration of about four years of applicant and conduct of prosecution witnesses, 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 - Manoj Sahani 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 BAIL No. 42570 of 2024 3 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. April 23, 2026 AK Pandey BAIL No. 42570 of 2024 4 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad