HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42726 of 2024 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Supplementary filed on behalf of applicant is taken on record. 2. Heard Sri Krishna Mohan Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 248 of 2022, under Sections 498-A, 304-B, 506 IPC & 3/4 Dowry Prohibition Act, Police Station- Milak, District- Rampur, during pendency of the trial in the court below. 4. 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 by this Court vide order dated 28.07.2025 after considering the merit of the case but he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 05.09.2022 i.e. for last more than three years and till date, trial of the case could not be concluded. 5. He further submitted that and till date, out of 17 witnesses of the charge sheet, only 4 witnesses could be examined, therefore, trial of the case is moving with languid pace and there is no hope of its early disposal. 6. He further submitted that however, applicant was husband of the deceased but admittedly deceased died due to consumption of poisonous substance and, therefore, it is a case of suicidal death. 7. He further submitted that applicant is not having any criminal history. Versus Counsel for Applicant(s) : Krishna Mohan Tripathi Counsel for Opposite Party(s) : G.A. Ravi Gangwar .....Applicant(s) State of U.P. .....Opposite Party(s) 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 by this Court after considering the fact that he is husband of the deceased but could not dispute the fact that it is a case of suicidal death, in which, deceased died due to consumption of poisonous substance and applicant is in jail in the present matter for last more than three years and he is not having any criminal history. 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 by this Court after considering the fact that applicant is husband of the deceased and deceased died on the day of her marriage but it reflects, applicant is in jail in the present matter since 05.09.2022 i.e. for last more than three years and till date, trial of the case could not be concluded. 11. From the order sheet of the case, which has been annexed by learned counsel for the applicant along with supplementary affidavit filed in support of the instant bail application, it reflects, till date only 4 prosecution witness could be examined, however, in the charge sheet there are 17 prosecution witnesses, therefore, there is no hope of early disposal of the trial. 12. Further, law is settled, right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail. 13. Further, even from the facts of the case, it reflects, deceased died due to consumption of poisonous substance, therefore, prima facie, it appears to be a case of suicidal death. 14. Further, applicant is not having any criminal history. 15. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed either for punitive or preventive purpose. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. BAIL No. 42726 of 2024 2 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Ravi Gangwar 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. 19. 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. 20. 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. September 12, 2025 KK Patel BAIL No. 42726 of 2024 3 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad