HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45683 of 2024 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mohd. Abrar Khan, learned counsel for the applicant and Sri B.P. Singh, learned AGA appearing for the State respondents. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 322 of 2024, under Section 103(1) BNS, registered at Police Station Sarai Akil, District Kaushambi, during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 10.8.2024. It is further submitted that the applicant has been assigned the role of committing of murder of his wife, however, the applicant is said to have informed the first informant as he was present during inquest and post-mortem of the deceased. It is further submitted that there are discrepancies in the inquest and post-mortem as in the inquest report, cause of death death has been found, in the opinion of the witnesses, to be that of falling on starter of motor whereas in the post-mortem the cause of death has been found to be asphyxia due to strangulation. It is further submitted that the applicant has been languishing in jail for the last two years and only four Versus Counsel for Applicant(s) : Jayant Srivastava, Yogesh Kumar Singh, Digvijay Singh, Mohd. Abrar Khan, Shashi Kant Shukla Counsel for Opposite Party(s): Dileep Kumar, G.A., Sanraj Yadav, Satyendra Singh Shivbabu Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) witnesses have examined till date. Learned counsel for the applicant has referred to the statement of doctor in which the doctor has stated that hyoid bone of the deceased was found to be intact and cause of death could have resulted from falling on the ground or by suffering friction of surface. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned AGA has opposed the prayer for grant of bail and it is submitted that it is submitted that deceased has died in the house of the applicant and it is the duty of the applicant to explain the cause of death of his wife and the applicant has not explained the same and he has informed the first informant that deceased died due to some unknown reason which raises doubt on his conduct. It is further submitted that hyoid bone does not get fractured in all cases of strangulation. It is further submitted that weapon of the offence (rope) by which the deceased has been strangulated has been recovered from the possession of the applicant and starter of motor has not been found in the site plan prepared by the I.O. 5. The deceased is the wife of the applicant who has died in the house of the applicant and the applicant is said to have informed the first informant that the deceased died due to some unknown reason. There appears to some discrepancies in the inquest report and the post-mortem report, however, the same is fit to be appreciated during trial and the cause of death has been found by the doctor to be asphyxia due to strangulation and the weapon of the offence (rope) has been recovered from the house of the applicant. 6. Considering the nature of the allegations levelled against the applicant and other attending facts and circumstances of the case and without expressing any opinion on its merit, no case for grant of bail is made out. BAIL No. 45683 of 2024 2 7. Present application is accordingly dismissed. 8. However, the learned trial Court is directed to expedite the trial of the case as expeditiously as possible, preferably within a period of one year. In case, the trial is not concluded within the stipulated time, the applicant shall be at liberty to approach this Court again from grant of bail. May 5, 2026 Abhishek BAIL No. 45683 of 2024 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad