Neutral Citation No. - 2025:AHC:86128 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13323 of 2025 Applicant :- Shiv Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Ganguli,Satendra Bahadur Yati Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashutosh Ganguli, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0016 of 2023, under Section 304 IPC, Police Station- Ghorawal, District- Sonbhadra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation, he developed illicit relationship with his bhabhi i.e. co-accused Chandrawati and due to this reason, he along with co-accused Chandrawati by causing injury caused death of the deceased but entire allegation levelled against the applicant is totally false. 4. He further submitted that even co-accused Chandrawati has been released on bail by co-ordinate Bench of this Court and her bail order has been annexed at page no. 73 of the paper book. 5. He further submitted that however, co-accused Chandrawati was female but from her bail granting order, it could not be reflected that she was enlarged on bail on this ground and it appears, after considering her incarceration, she was enlarged on bail. 6. He further submitted that applicant is facing trial for the offence under Section 304 IPC and in the present matter, he is in jail since 06.02.2023 i.e. for last more than two years and therefore, considering his long incarceration and the fact that similarly placed co-accused Chandrawati has been released on bail, applicant should also been released on bail. He further submitted that applicant is not having any criminal history too. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased, therefore, his case is distinguishable from the case of co-accused Chandrawati but could not dispute the fact that as far as role of causing injury to the deceased is concerned, case of applicant is at par with her. He further could not dispute the fact that applicant is facing trial for the offence under Section 304 IPC and he is in jail in the present matter for last more than two years and he is not having any criminal history. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is husband of the deceased and as per allegation, he developed illicit relationship with his bhabhi i.e. co- accused Chandrawati and he along with his bhabhi caused death of his wife by causing injury to her but it reflects, co-accused Chandrawati has already been released on bail and as far as role of causing injury is concerned, case of applicant is at par with her. 10. Further, however, co-accused Chandrawati was female but from her bail granting order, it could not be reflected that she was enlarged on bail on this ground and it appears, after considering her incarceration, she was enlarged on bail and applicant is also in jail in the present matter since 06.02.2023 i.e. for more than two years. 11. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Shiv Prasad be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad