Neutral Citation No. - 2025:AHC:2924 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41603 of 2024 Applicant :- Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Sengar, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0078 of 2024, under Section 304 IPC, Police Station- Kadora, District- Jalaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 30.04.2024 against applicant under Section 304 IPC and according to FIR, marriage of the applicant was solemnized with the daughter of the informant about 22 years before and on 29.04.2024 some dispute arose between husband and wife and during dispute daughter of the informant i.e. wife of applicant received injury on her head and next morning, she was found dead. 4. Learned counsel for the applicant submitted that however applicant is the husband of the deceased but on the basis of false allegation, applicant has been made accused in the present matter. He further submitted that even from perusal of the statement of the eye-witness, it reflects that it is a case of accidental death and applicant was not having any intention to cause death of his wife. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 01.05.2024 i.e. for last more six months. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is the husband of the deceased but even as per prosecution, during quarrel between husband and wife, accidentally wife i.e. deceased sustained injury by the impact of the wall and died, therefore, considering this fact, the argument advanced by learned counsel for the applicant cannot be completely ruled out at this stage. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 01.05.2024 i.e. for last more six months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Rajesh 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. 13. 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. 14. 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 :- 7.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad