Neutral Citation No. - 2025:AHC:18312 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8854 of 2024 Applicant :- Shahnabaz Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Pandey,Santosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.481 of 2023 at Police Station-Sambhal, District-Sambhal under Sections 498A, 304B, 302, 201 IPC and Section 3/4 of the D.P. Act and 4/25 of Arms Act. The applicant is in jail since 16.11.2023. The bail application of the applicant was rejected by the learned trial court on 22.12.2023. The following arguments made by Shri Santosh Kumar Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The applicant is the husband of the deceased. 2. The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor did he influence any witness. 3. The applicant did not adopt dilatory tactics or impede the progress of the trial in any manner. 4. The trial is moving at a snail's pace and and shows no sign of early conclusion. The applicant cannot be faulted for the delay in the trial. 5. The status report sent by the learned trial court records that the prosecution proposes to examine 20 witnesses to bring home the charges. Eight prosecution witnesses including the material witnesses of fact have already been examined. There is no possibility of the applicant influencing the said witnesses. 6. The first informant who is the brother of the deceased has repudiated the prosecution case in his testimony before the learned trial court. He has been declared hostile at the instance of the prosecution. The brother of the deceased has deposed that the deceased had suicidal tendencies and had made an attempt to end her life in the past as well. The eye witnesses too have not supported the prosecution case as well. 7. Inordinate delay in concluding trial has lead to virtually an indefinite imprisonment of the applicant, without any evidence. The right of the applicant to speedy trial has been violated. 8. The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 08.01.2025 in Criminal Misc. Bail Application No. 35579 of 2024. 9. The applicant does not have any criminal history apart from this case. 10. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Shahnabaz be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. In case the applicant does not cooperate in the process of trial or adopts dilatory tactics or threatens witnesses or violates any bail condition, the learned trial court shall record its finding to that effect and cancel the bail of the applicant without recourse to this Court. Order Date :- 7.2.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad