Neutral Citation No. - 2025:AHC:71014 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5282 of 2025 Applicant :- Rohit Alias Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Dur Vijay Singh,Kamal Kaushal Upadhyay Counsel for Opposite Party :- G.A.,Indra Kumar Singh Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf the applicant is taken on record. 2. Heard Sri Dur Vijay Singh, learned counsel for the applicant; Sri Indra Kumar Singh, learned counsel for the informant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 131 of 2024, under Sections 302, 120B IPC, Police Station Awagarh, District Etah, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however applicant is husband of the deceased but on the basis of false allegation, he has been made accused in the present matter. 5. He further submitted that however, from the post mortem report it reflects that deceased sustained number of ante mortem injuries but actually he sustained these injuries accidentally while he fell down from the stairs. 6. He further submitted that immediately after the incident applicant has taken the deceased to hospital but unfortunately she died. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 23.6.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of the deceased and from the post mortem report, it reflects that deceased sustained number of ante mortem injuries including two punctured wound, therefore, it cannot be said that merely by falling from the stairs, she sustained these injuries, therefore, it appears applicant has taken a false plea in the instant bail application, therefore, considering the totality of the facts and circumstance of the case, he should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Applicant is husband of the deceased and as per allegation, he committed the murder of his wife. 11. Further, from the post mortem it reflects that deceased sustained as many as six ante mortem injuries including two punctured wounds and considering the ante mortem injuries of the deceased, argument advanced by learned AGA as well as learned counsel for the informant, cannot be ruled out. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is not entitled to be released on bail. 13. Accordingly, the instant bail application stands rejected. 14. 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 :- 5.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad