Neutral Citation No. - 2025:AHC:72134 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4221 of 2025 Applicant :- Dharmendra Parasar Alias Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Baghel Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Mukesh Baghel, learned counsel for the applicant and Sri B.P.Singh, learned A.G.A. 2. This is second bail application. First bail application of applicant was rejected by a reasoned order dated 2.4.20242. For reference, relevant part of it is mentioned hereinafter: "(i) Applicant is husband of deceased and there are allegations of causing murder of his wife. According to postmortem report immediate cause of death was Asphyxia as a result of ante mortem throttling and she has suffered antemortem injuries also. (ii) Reliance placed by learned counsel for the applicant on testimony of P.W.1 i.e. mother of the deceased after recall would be a subject matter of consideration during trial and this Court cannot take cognizance of it at this stage ignoring that earlier she has substantially supported the case of prosecution. Bail application is accordingly rejected." 3. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.177 of 2021, (Sessions Trial No.827 of 2021), under Section 302 I.P.C., Police Station- Jagdishpura, District-Agra. 4. Learned counsel for the applicant submitted that applicant is languishing in jail since 27.3.2021 i.e. about four years. 5. In pursuance of an order passed by this Court learned Trial Court has submitted a status report that out of 17 proposed prosecution witnesses 5 have been examined. 6. Learned counsel for the applicant submitted that since all the material witnesses have been examined, therefore, there is no threat that applicant will influence other prosecution witnesses. 7. Learned A.G.A. has opposed the bail application and referred a statement of daughter of deceased, a 10 year old girl who has specifically stated in her testimony that she has witnesses that applicant has throttled her mother which corroborates the cause of death mentioned in the postmortem report. 8. I have considered the above submissions and taking note of nature of evidence of a 10 year old girl against the applicant which is very specific and being an eye witness account, aforesaid period of four years could not be considered as a prolong detention. Trial is proceeding,therefore, no case of bail is made out. 9. Accordingly, this bail application is rejected. Order Date :- 6.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad