Neutral Citation No. - 2025:AHC:42181 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45816 of 2024 Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Abhijeet Singh,Mohd. Monis Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed today on behalf of the State is taken on record. 2. Heard Sri Mohd. Monis, 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. 128 of 2024, under Sections 302 IPC, Police Station Sindhawali Ahir, District Baghpat during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is husband of the deceased and as per allegation he committed the murder of his wife but entire allegation leveled against the applicant is totally false. 5. He further submits, however, as per post mortem report deceased sustained as many as seven injuries but accidentally she sustained these injuries by falling and at the time of incident applicant was not even present in his home. 6. He further submits, from the wedlock of applicant and deceased three children were born and surprisingly during investigation their statements could not be recorded. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 16.04.2024. 8. Per contra, learned AGA opposed the prayer for bail and submitted, applicant is husband of the deceased and post mortem report suggests that his wife sustained as many as seven injuries which cannot be sustained merely by falling, therefore, applicant failed to explain the homicidal death of his wife, therefore, he should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Applicant is husband of the deceased and as per allegation he committed her murder. From the post mortem report of the deceased it reflects, she sustained as many as seven injuries and all injuries were lacerated wound and considering the ante mortem injuries sustained by the deceased, the defence taken by the applicant that by falling accidentally she sustained injuries and died, prima facie, appears to be false. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 13. 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 :- 21.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad