Neutral Citation No. - 2025:AHC:68691 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11667 of 2025 Applicant :- Vishnu Prakash Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Aryan Srivastava,Prakash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri P.C. Srivastava, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State. 2. This is second bail application filed by applicant-Vishnu Prakash Tiwari in Case Crime No. 133 of 2022, under Section 302 IPC, Police Station Ramnagar, District Varanasi. First bail application of applicant was rejected vide order dated 15.05.2024 by assigning following reasons: “(a) Applicant has not only caused death of his wife but has suppressed genesis of occurrence. Son of applicant and deceased has made specific allegation that a matrimonial dispute was pending between deceased and applicant and applicant used to assault deceased. He has also stated that applicant threatened deceased that he will eliminate her; (b) According to post-mortem report, immediate cause of death was Coma as a result of head injuries. There were two lacerated wound; (c) The Court also takes note that applicant is not only possible threat to witnesses but also threat for society; (d) The Court also takes note that trial is proceeding in a snail's speed, however, considering nature of allegation against applicant, i.e. he caused death of his wife, therefore, period of incarceration which is about two years could not be considered to be a prolong detention.” 3. In pursuance of an order passed by this Court, Trial Court has submitted report dated 19.04.2025 that out of 17 proposed prosecution witnesses, PW-1 was examined and evidence of PW-2 is at the stage of cross-examination. 4. Learned counsel for applicant submits that from last 4-5 dates said witness PW-2 is not coming forward to face cross-examination. He further submits that chain of circumstances is not complete so much as that it would not indicate that applicant is the person who has committed murder of his wife. 5. Learned AGA appearing for State submits that there are other material witnesses also and, therefore, at this stage if the bail is granted, possibility that applicant may influence said witnesses is still exist, though has not denied that on last 4-5 dates PW-2 has not come forward and coercive measures have been taken against him since a non-bailable warrant was issued, however, it appears that it has not been executed since according to AGA non-bailable warrant was again issued on 13.02.2025. 6. I have considered above submissions and perused the material on record. 7. Applicant is husband of deceased. First bail application was rejected on 15.05.2024 assigning aforesaid reasons. The applicant is in jail since 17.07.2022, i.e., for more than two years and eights months. 8. The Court takes note of argument of learned counsel for applicant about nature of evidence recorded so far though at this stage Court cannot go deep into nature of evidence except it is absolutely against prosecution case, which is not the case in hand. Still considering the above referred period of incarceration as well as that PW-2 is not coming forward to face cross examination and in such background the Court also takes note of nature of evidence and without making any comment on it, the Court is of the view that applicant has made out a case for bail. 9. However, applicant is directed to remain present on each and every date as and when required by Trial Court during trial and in case any application for exemption on vague ground is filed, the same shall be a ground for Trial Court to cancel bail immediately. 10. Let the applicant-Vishnu Prakash Tiwari 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 concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. 11. The identity, status and residential proof of sureties will be verified by Court concerned and in case of breach of any of the conditions mentioned above, Court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. The bail application is allowed. 13. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 1.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad