HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1406 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.439 of 2022, under Section 498A, 304B of IPC & Section 3/4 of D.P. Act, P.S. Laharpur, District Sitapur. 3. In terms of the FIR, allegations were levelled that the daughter of the informant was married to the applicant. Subsequently, she was burn to death. The dying declaration on record clearly suggest that the victim was burn after sprinkling kerosene oil by the mother in law as well as the applicant who is the husband. 4. The submission of the counsel for the applicant is that the applicant is in custody since 22.07.2022 and only one witness has been examined so far out of total 26 witnesses. The questionnaire handed-over across the Bar also fortify the said fact. The co-accused has been enlarged on bail vide order dated 28.01.2025, although the gravity of the offence is substantial and dying declaration on record prima-facie implicate the applicant, however, it cannot be denied that the applicant has suffered pretrial detention of almost three and half years and there is no likelihood of the trial being concluded in near future, thus, ex-facie, there is violation of right of Article 21 of the Constitution of India of applicant. The applicant has no criminal antecedents. 5. Thus, on the ground of pretrial detention undergone by the applicant, the applicant who has no criminal history and is in custody since 22.07.2022 is Versus Counsel for Applicant(s) : Pankaj Kumar Tripathi, Mohd. Shahid Akhtar, Sushil Pandey Counsel for Opposite Party(s) : G.A., Satyendra Kumar Maurya Vivek Bajpai .....Applicant(s) State Of U.P. Thru. Prin Secy. Home Lko. .....Opposite Party(s) entitled for the bail. Thus the bail application is allowed. 6. Let the applicant Vivek Bajpai be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 26, 2025 VNP/- BAIL No. 1406 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench