Neutral Citation No. - 2025:AHC:34361 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45107 of 2024 Applicant :- Mohd Sazid Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Kumar Singh Chauhan,Nitin Anand,Rajeev Sawhney Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Mahendra Kumar Singh, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.117 of 2019, under Section 304 IPC, Police Station Nehtaur, District Bijnor, during pendency of the trial. 4. Learned counsel for applicant submits that this is the third bail application filed on behalf of the applicant and his earlier two bail applications have been dismissed after considering the fact that applicant is the husband of the deceased but he is pressing the instant third bail application on the ground that applicant is facing trial under Section 304 IPC and he is in custody since 25.04.2019 i.e. for last almost 6 years and till date trial of the case could not concluded. 5. He further submits that right of speedy trial is the Fundamental Right of an accused and on its violation even in serious matters, he can be released on bail. It is further submitted by learned counsel for applicant that considering the fact that applicant is in jail for last almost 6 years, it cannot be said that Fundamental Right of speedy trial of the applicant has not been infringed. 6. He further submits that applicant is not having any previous criminal history. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the husband of the deceased and his wife died in her matrimonial home due to ante mortem injury and this is the third bail application of the applicant but could not dispute the fact that applicant is facing trial for offence under Section 304 IPC and in the present matter, applicant is in jail for last almost 6 years. 8. I have heard learned counsel for the parties and perused the record of the case. 9. This is the third bail application filed on behalf of applicant and his earlier two bail applications were dismissed by Hon'ble Bachchoo Lal,J. and Hon'ble Vivek Kumar Singh,J. respectively but Hon'ble Bachchoo Lal,J. has already demitted his office while Hon'ble Vivek Kumar Singh,J. has been transferred and as this Court is dealing with such matter, therefore, the instant third bail application is listed before this Bench. 10. Record further suggests that applicant is the husband of the deceased and his wife died in his home due to ante mortem injury but it reflects that applicant is facing trial for offence under Section 304 IPC and in the present matter, he is in jail since 25.04.2019 i.e. for last almost 6 years. Considering this fact, a report was called from the court concerned about current status of the trial and from the report, it reflects that trial of the case is still at the evidence stage and number of witnesses who, however, have been examined before the trial court could only be appeared after taking coercive measure against them and, therefore, it reflects that due to the reluctant attitude of the prosecution witnesses, trial is still pending. 11. Further, considering the fact that applicant is detained in jail for almost 6 years, it cannot be said that Fundamental Right of speedy trial of the applicant has not been violated. 12. Further, the law is settled, if there is violation of Fundamental Right of speedy trial of an accused then even in serious matters, he can be released on bail. Further, applicant is not having any previous criminal history. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Mohd Sazid 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. 16. 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. 17. 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 :- 7.3.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad