Neutral Citation No. - 2025:AHC:64400 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3909 of 2025 Applicant :- Kalka Prasad Opposite Party :- State of U.P. Counsel for Applicant :- R.K. Singh. Rajput,Sanjay Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri R.K. Singh Rajput, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 69 of 2023, under Section 302 IPC, Police Station- Poonchh, District- Jhansi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation, he committed her murder but entire allegation levelled against the applicant is totally false. 4. He further submitted that from the FIR, it reflects, along with applicant his family members were also roped but during investigation, their involvement was found false and charge sheet was filed only against applicant. He further submitted that this fact suggests that FIR is nothing but bundle of false facts. 5. He further submitted that applicant did not reside along with his wife for last five years and he resided along with his mother and an specific averment in this regard has been made in paragraph no. 24 of the affidavit. 6. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 23.04.2023 i.e. for last two years. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife has been murdered in her matrimonial home and in the instant bail application very casually applicant tried to state that he resided along with his mother in other house but his averment does not find support from the statement of any witness and there is no evidence on record in this regard, therefore, considering the nature of allegation levelled against the applicant, he should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is in jail since 23.04.2023 i.e. for last two years but allegation against him is quite serious and as per allegation, he committed the murder of his wife and admittedly his wife has been murdered in her matrimonial home. However, applicant in paragraph no. 24 of the affidavit stated that for last five years, he was residing along with his parents but as per prosecution, he resided along with his wife, therefore, merely on the basis of such vague averment, entire prosecution case cannot be discarded at this stage. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 12. 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 :- 25.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad