Neutral Citation No. - 2025:AHC:107049 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36484 of 2024 Applicant :- Kamlesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amarjeet Yadav, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 69 of 2023, under Sections 302, 201 IPC, Police Station- Chiluatal, District- Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 30.11.2023 but he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 10.02.2023 i.e. for last almost two and half years and till date, trial of the case could not be concluded. 4. He further submitted that however, applicant is the husband of the deceased but admittedly, deceased did not die in the house of the applicant rather her dead body was found from a pond, which was quite far from the house of the applicant. He further submitted that possibility cannot be ruled out that accidentally, deceased slipped in the pond and sustained head injury and died. 5. He further submitted that even during trial, informant and one another witnesses of fact have been declared hostile. 6. He further submitted that applicant is not having any criminal history. 7. He further submitted that therefore, considering the above facts, applicant should be enlarged on bail. 8. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court after considering the fact that he is husband of the deceased but could not dispute the fact that in the present matter, applicant is in jail for last almost two and half years and till date, trial of the case could not be concluded. He further could not dispute the fact that during trial, informant and one another witnesses of fact have been declared hostile. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit after considering the fact that applicant is the husband of deceased but it reflects, in the present matter, applicant is in jail for last almost two and half years and till date, trial of the case could not be concluded. 11. Further, dead body of wife of the applicant i.e. deceased was found from a pond and however, she died due to head injury but considering the facts of the case, the argument advanced by learned counsel for the applicant with regard to death of the deceased, cannot be completely ruled out at this stage. 12. Further, informant and one another witnesses of fact did not supported the prosecution case during trial and they have been declared hostile. 13. Further, there is no eye-witness account and present case is a case of circumstantial evidence. 14. Further, applicant is not having any criminal history. 15. Therefore, considering the facts and circumstances of the case discussed above, 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- Kamlesh Kumar 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 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. Order Date :- 7.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad