Neutral Citation No. - 2025:AHC:73475 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6052 of 2025 Applicant :- Kumarpal Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Rahul Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Ms. Abhilasha Singh, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 175 of 2024, under Sections 302, 120B IPC, Police Station Junawai, District Sambhal during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is husband of the deceased and FIR of the present case was lodged against him and his family members and as per allegation he along with his family members committed the murder of his wife but entire allegation leveled against the applicant is totally false. 5. She further submits, at the time of incident applicant was not present at his home and he was in Delhi and this fact is even evident from his call detail report, which was collected by the Investigating Officer during investigation and the same has been annexed along with instant bail application. 6. She further submits, during investigation it was found that actually it is a case of honor killing and as deceased conceived with some other person, therefore, applicant hatched conspiracy along with her family members and when applicant was not present in his home then on the date of incident, father of the deceased namely Sobran, her brother Anand and one Lala Ram committed her murder and this fact is evident from parcha of case diary which has been annexed at pages 89 of the supplementary affidavit filed in support of instant bail application. 7. She further submits, therefore, even as per prosecution role of applicant is of only hatching conspiracy. She next submits, except the bald and verbal allegation that applicant hatched conspiracy there is no evidence against the applicant on record. 8. She next submits, applicant is not having criminal history and in the present matter he is in jail since 22.06.2024 i.e. for almost a year. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is husband of the deceased and was named in the FIR along with his family members and post mortem report suggests that deceased was brutally murdered in her matrimonial home but it reflects, during investigation it was found that applicant was not present at his home. 12. Further, however, as per prosecution, applicant involved in hatching the conspiracy along with other accused as deceased conceived with some other person but it reflects, except the bald and verbal allegation of hatching conspiracy there is no cogent evidence against the applicant on record. 13. Further, from the statements of eye witnesses it reflects, father and brother of deceased along with co-accused Lala Ram caused injuries to the deceased. 14. Further, applicant is not having criminal history and in the present matter he is in jail since 22.06.2024 i.e. for almost a year. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Kumarpal 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. 18. 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. 19. 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 :- 7.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad