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Neutral Citation No. - 2025:AHC:14759 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35835 of 2024 Applicant :- Shiv Narayan @ Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. The present fourth bail application has been filed by the applicant in Case Crime No. 1101 of 2019, under Sections - 302 I.P.C., Police Station - Dhoomanganj, District - Prayagraj, with the prayer to enlarge the applicant on bail.
3. It has been argued by the learned counsel for the applicant that applicant is husband of deceased and their marriage has taken place about 11-12 years prior to the incident and they have two children. The allegations that applicant has committed murder of his wife is wholly false. In fact, deceased has suffered injuries accidentally while fallen from stairs. The concerned doctor has also made statement that such injuries are possible due to fall against hard surface. It is further submitted that while rejecting the second bail application of the applicant vide order dated 20.04.2023, the Trial Court was directed to expedite the trial and to conclude the same preferably within a period of eight months. Similarly, while rejecting third bail application of applicant, the Trial Court was again directed to expedite the trial and to conclude the same as early as possible preferably within a period of six months but trial has not been concluded so far. It was stated that applicant is in jail since 24.10.2019 and thus, he has already undergone detention of about five years and three months and that during trial only four witnesses have been examined so far and thus, trial of the case is likely to take sufficient long time. It was stated that the applicant has no criminal history and that in case the applicant is released on
bail, he will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the bail application and submitted that the applicant is husband of deceased and that deceased has suffered death due to injuries.
5. Considering the submissions of learned counsel for the parties and all attending
facts, particularly considering the period of detention and stage of trial, without expressing any opinion on merits, a case for bail is made out. Hence, the present fourth bail application is hereby allowed.
6. Let the applicant - Shiv Narayan @ Shivam involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
7. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 31.1.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad