Neutral Citation No. - 2025:AHC:43230 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6775 of 2024 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Singh,Manish Kumar Dwivedi,Shiv Shankar Kaithal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Atul Kumar Singh, learned counsel for the applicant and Shri Pradeep, learned AGA for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.1186 of 2023, under Sections 323, 326-A IPC, Police Station Quarsi, District Aligarh, during pendency of the trial in the court below. 4. FIR of the present case was lodged against applicant, under Section 323, 328 I.P.C. and according to the FIR, applicant forcibly administered acid to his wife due which her condition became serious and she is admitted in the hospital. 5. Learned counsel for the applicant submits that initially FIR of the present case was lodged under Sections 323, 328 I.P.C. but subsequently case was converted under Section 326-A I.P.C. 6. He further submits that however, applicant is husband of the injured and injured also stated against him during investigation and she reiterated the version of the FIR but entire allegation levelled against applicant is totally false and baseless. 7. He further submits that only due to matrimonial dispute, applicant has been made accused in the present matter. 8. He further submits that however, applicant is in jail in the present matter since 18.11.2023 i.e. for last almost one and half years but till date only one prosecution witness could be examined by the trial court and till date injured i.e. wife of the applicant could not be examined by the trial court. 9. He further submits that applicant is having no criminal history to his credit. 10. Per contra, learned AGA opposed the prayer for bail and submits that applicant is husband of the deceased and allegations levelled against him are quite serious and however, he is in jail in the present matter since November, 2023 but in such matters merely on the ground of incarceration of almost one and half years, an accused should not be released on bail. He next submits, even till date wife of the applicant could not be examined by the trial court and therefore, instant bail application should be rejected. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. However, in the present case, it appears, applicant is in jail since 18.11.2023 i.e. for last almost one and half years but allegations levelled against him are quite serious and during investigation, injured i.e. his wife in her statement, stated against him and she reiterated the version of the FIR. Further, till date she could not be even examined by the trial court, therefore, I am not inclined to release the applicant on bail at this stage. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application filed by applicant- Dharmendra Kumar is hereby dismissed at this stage. 14. However, it will open for the applicant to renew his prayer for bail after recording the statement of his wife i.e. injured of the case before the trial court. Order Date :- 24.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad