HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33314 of 2022 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. None is present on behalf of the informant. 2. Heard Sri Rahul Gaur, holding brief of Sri Chaudhary Dil Nisar, and Sri Satendra Kumar, learned counsels for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 0640 of 2021, under Sections 498A, 304B of IPC and Section 3/4 of D.P. Act, Police Station Behat, District Saharanpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. 5. Learned counsel has next stated that the the applicant is the husband of the deceased person and he has nothing to do with the said offence. The cause of death has been found to be asphyxia as a result of ante mortem hanging. 6. It is next stated that all the witnesses of fact have been examined, as such there is no likelihood of the applicant tempering with the evidence. There is no criminal history of the applicant. The applicant is languishing in jail since 30.12.2021 and he has incarcerated for more than three years and nine months, as such Fundamental Rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. The applicant Versus Counsel for Applicant(s) : Ankit Srivastava, Ch. Dil Nisar, Dhiraj Kumar Pandey, Priyavrat Tripathi, Satendra Kumar Counsel for Opposite Party(s) : Devendra Kumar Shukla, G.A., Shiksha Shukla Mintoo @ Pintoo .....Applicant(s) State of U.P. .....Opposite Party(s) is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. This Court had called for a report regarding the status of trial and in compliance thereof, a report dated 19.08.2025 has been submitted by the concerned trial court. As per the said report, cross-examination of PW-8 is going on, although nine witnesses have been examined and the trial is at its conclusive end. 9. The Supreme Court in its latest judgement passed in SLP (Crl.) Nos.10455-10456/2025 Ramnath Mishra @ Ramanath Mishra v. Central Bureau of Investigation reiterated that issues of personal liberty must be addressed with utmost speed by Courts. The accused had already been incarcerated for more than three and a half years, in the instant and connected matters. Releasing accused on bail due to excessive delays by the High Court in deciding his application also took into account lengthy pre-trial confinement, emphasizing speedy decision-making for matters of personal liberty. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that the applicant is languishing in jail for three years and nine months and there is no likelihood of early conclusion of trial in near future, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Mintoo @ Pintoo, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. BAIL No. 33314 of 2022 2 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 1, 2025 Sumit S BAIL No. 33314 of 2022 3 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad