Neutral Citation No. - 2025:AHC:84719 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5747 of 2025 Applicant :- Manoj Kumar Chaurasiya Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri S. B. Singh, Advocate holding brief of Sri Sanjay Kumar Pandey, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 259 of 2023, under Sections 498A, 304B, 323 IPC and 3/4 D.P. Act, Police Station Kotwali, District Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is husband of the deceased and this is second bail application filed on behalf of the applicant and his first bail application has already been dismissed on merit after considering the fact that deceased died due to head injury but he is pressing the instant second bail application on the ground that in the present matter, he is in jail since 30.7.2023 i.e for last almost two years and till date trial of the case could not be concluded and even during trial number of witnesses of fact including informant have been declared hostile. 4. He further submitted that from the post mortem report, it reflects that deceased sustained only single injury on his head and therefore, possibility cannot be ruled out that she accidentally sustained this injury and died. 5. Per contra, learned AGA opposed the prayer for bail and submitted that this is second bail application filed on behalf of the applicant but could not dispute the fact that in the present matter applicant is in jail for almost two years and deceased sustained only single injury on his head. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is 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 she died due to head injury but it reflects that in the present matter, applicant is in jail since July, 2023 i.e for last almost two years. 8. Further, post mortem report of the deceased, suggests that she sustained only single injury on her head. Considering this fact, this Court finds merit in the argument advanced by learned counsel for the applicant that possibility of accidental death cannot be ruled out. 9. Further, applicant is not having any previous criminal history to his credit. 10. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Manoj Kumar Chaurasiya, 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. 13. 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. 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 :- 19.5.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad