HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40277 of 2024 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Shri Dheeraj Kumar Pandey, Advocate, holding brief of Sri Vijay Kumar Dwivedi, learned counsel for the applicant and Shri Kunwar Tejendra Bahadur Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.148 of 2023, under Sections 498-A, 323, 504, 304-B IPC, Police Station Meja, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed vide order dated 26.04.2024 after considering the fact that applicant is husband of the deceased and his wife died within seven years of her marriage under abnormal circumstances and there is also allegation of demand of dowry but he is pressing the instant second bail application on the ground that applicant is in jail since 18.04.2023, i.e., for almost two and a half years and till date, the trial could not be concluded. 4. He further submits that however in the charge sheet there are as many as 33 witnesses but till date only 4 prosecution witnesses could be examined, therefore, there is no hope of early disposal of the trial. 5. He further submits that even from the postmortem report of the Versus Counsel for Applicant(s) : Mansoor Ahmad, Sarvendra Dwivedi, Vijay Kumar Dwivedi Counsel for Opposite Party(s) : Shankar Dayal .....Applicant(s) State of U.P. .....Opposite Party(s) deceased, it reflects that she died due to hanging, therefore it appears to be a case of suicidal death. 6. He further submits that applicant is not having any previous criminal history. 7. Per contra, learned AGA opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant and first bail application of the applicant has already been dismissed after considering the entire facts of the case but could not dispute the fact that applicant is in jail for last almost two and a half years and till date, out of 33 witnesses of the charge sheet, only 4 witnesses could be examined. 8. Learned AGA further could not dispute the fact that postmortem report suggests that it is a case of suicidal death. He further could not dispute the fact that the applicant is not having any previous criminal history. 9. I have heard learned counsel for the parties and perused the record of the case. 10. This is the second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed after considering the fact that he is husband of the deceased and his wife died within seven years of her marriage under abnormal circumstances and there is also allegations of demand of dowry but it reflects that in the present matter, applicant is in jail for last almost two and a half years and considering his long incarceration, a report was called from the court concerned, which is on record. As per the report filed by the court concerned, it reflects that till date only four prosecution witnesses could be examined and after examination of PW-4, the informant of the case filed an application under Section 319 Cr.P.C., which is still pending, therefore, there is no hope of early disposal of the trial and from the report of the court concerned, it could not be reflected that applicant is causing delay in trial. 11. Further, as far as the merits of the case are concerned, from the postmortem report, it appears that deceased died due to hanging, therefore, prima facie, it appears to be a case of suicidal death. BAIL No. 40277 of 2024 2 12. Further, the applicant is not having any previous criminal history. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Shankar Dayal 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. 16. 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. 17. 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. October 15, 2025 S.A. BAIL No. 40277 of 2024 3 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad