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Neutral Citation No. - 2025:AHC:85111 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15649 of 2025 Applicant :- Muraslin Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Chandra Bhushan Prasad, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.200 of 2024, under Section 103(1) BNS, Police Station Chhapar, District Muzaffarnagar during pendency of the trial. 3. Learned counsel for the applicant submits that applicant is the husband of the deceased and as per allegation he committed the murder of his wife but entire allegation made against the applicant is totally false. 4. He further submits that marriage of the applicant was solemnized with the deceased about 14 years before, therefore, there was no occasion for him to commit her murder. 5. He further submits that however, some witnesses claimed that when after receiving information about the incident they arrived at the house of the applicant then they witnessed that applicant was running towards the field from his house but even from their statements it could not be reflected that they were the eye witnesses. 6. He further submits that applicant is not having any previous
criminal history and in the present matter he is in jail since 14.7.2024, i..e, for the last more than ten months. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the husband of the deceased and his wife was murdered in her matrimonial home and from the evidence available on record it reflects that at the time of incident applicant was present at his home and he failed to explain the homicidal death of his wife and, therefore, he should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Applicant is the husband of the deceased and as per allegation he committed her murder. 10.
However, as per applicant, he did not commit the murder of his wife but record suggests that he was present at his home on the date and time of the incident but in spite of that he failed to explain the homicidal death of his wife. 11. Further, post mortem report suggests that deceased, i.e., wife of the applicant, sustained as many as four injuries on her head and according to Autopsy Surgeon she died due to head injuries. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 13. Accordingly, the instant bail application is rejected. 15. 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 :- 21.5.2025/SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad