HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10608 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.110 of 2024, under Section 302 I.P.C., P.S. Hathigawan, District Pratapgarh. 3. In the prosecution case it is alleged that on 29.05.2024 around 1 o'clock when the applicant returned from Patna then he found deceased Reena, who is the wife of applicant, talking to someone. Seeing applicant, she switched off the phone. It is alleged that named accused persons have killed Reena due to extra marital affairs. 4. Learned counsel for the applicant submits that applicant is innocent. He submits that three prosecution witnesses including one eye witness has been examined and all of them have been declared hostile. Submission of learned counsel for the applicant is that there was no eye witness. The alleged eye witness has not seen the incident. From perusal of statement of prosecution witnesses, it can be inferred that alleged eye witness has reached on the sport but has not seen the incident. He submits that trial is going on at a very slow pace and applicant is languishing in jail since 04.06.2024 although he has no criminal history. Versus Counsel for Applicant(s) : Gyan Singh Counsel for Opposite Party(s) : G.A. Mahesh Saroj @ Chalu .....Applicant(s) State Of U.P. Thru. Addl. Secy. Home Civil Sectt. Lko .....Opposite Party(s) 5. Learned A.G.A. has opposed the bail prayer and submits that it is a heinous offence, applicant has committed murder of his own wife due to extra marital affairs. He submits that according to post mortem report, 12 ante mortem injuries has been found on the body of the deceased. Cause of death is ante mortem head injury. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 04.06.2024, three witnesses of fact have been examined, all the three witnesses have been declared hostile, applicant has no criminal history, out of 20 only 3 witnesses have been examined so far, trial is going on at a very slow pace so also the judgment passed in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant-Mahesh Saroj @ Chalu be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date BAIL No. 10608 of 2024 2 fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). August 25, 2025 Saurabh Yadav/- BAIL No. 10608 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench