HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44385 of 2025 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Kunwar Vikram Suryavanshi, Advocate, holding brief of Sri Vinay Kumar Singh Chandel, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 85 of 2024, under Section- 302 IPC, Police Station- Kavi Nagar, District-Ghaziabad, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that though in the FIR, allegation has been made that the applicant used to quarrel with the deceased (wife of the applicant) and he also subsequently murdered the deceased. On receiving the information, the brother and cousin (first informant) also reached at the house of the applicant and found the dead body of the deceased. Police also recorded the statement of Km. Kanishka, the daughter of the deceased, who also supported the prosecution story. It is further submitted that actually the deceased herself fell down from the balcony accidentally while she was talking to his brother on mobile phone and subsequently, the applicant himself had taken the deceased in a swift car to the hospital but she succumbed to her injuries. It is further submitted that the daughter of the deceased Km. Kanishka in her statement before the trial court also stated that the deceased accidentally fell down from the balcony of the flat and subsequently, the applicant himself took her to the hospital but she died. It is further submitted that applicant has not committed any offence, he has been falsely implicated merely on the basis of apprehension and doubt. It is further submitted that the applicant has no criminal history. It is further submitted that Versus Counsel for Applicant(s) : Vinay Kumar Singh Chandel Counsel for Opposite Party(s) : G.A. Vikas .....Applicant(s) State of U.P. .....Opposite Party(s) charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. It is lastly submitted that total 28 prosecution witnesses are to be examined and till date only two witnesses have been examined. Therefore, trial is not likely to be concluded in near future. The applicant is a law abiding citizen and he is languishing in jail since 27.01.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Vikas, involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. BAIL No. 44385 of 2025 2 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. May 5, 2026 S.C. BAIL No. 44385 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad