Neutral Citation No. - 2025:AHC:115221 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15471 of 2025 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Dheeraj Kumar Dwivedi, learned counsel for applicant and Sri B.P. Singh, learned AGA. 2. Applicant has approached this Court by way of filing the Crl. Misc. Bail Application seeking enlargment on bail in Sessions Trial No.1495 of 2021 arising out of Case Crime No.256 of 2021 under Sections 498A, 304B, I.P.C. and Section 3/4 D.P. Act, P.S. Sachendi, District Kampur Nagar. 3. This is a second bail application the first bail application of the applicant was rejected vide order dated 2.4.2024 and a reasoned assigned therein are mentioned herein under :- "7. I have considered the above mentioned rival submissions in referred factual and legal background and in view of established principle of jurisprudence of bail i.e 'bail is rule and jail is exception' as well as relevant factors for consideration of a bail application such as (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused;(vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; (viii) danger of course, of justice being thwarted by grant of bail etc. and that an order to grant or not to grant bail must assigned reasons (see Deepak Yadav Vs. State of U.P. (2022) 8 SCC 559, Manoj Kumar Khokar Vs. State of Rajasthan and Anr (2022) 3 SCC 501, The State of Jharkhand Vs. Dhananjay Gupta @ Dhananjay Prasad Gupta: Order dated 7.11.2023 in SLP (Crl) No.10810/2023 and Shiv Kumar Vs The State of U.P. and Ors: Order dated 12.9.2023 in Criminal Appeal No.2782 of 2023), therefore, I am of considered opinion that present is not a fit case to grant bail to applicant mainly on following reasons:- (i) Considering that it is a case of strangulation and according to post mortem report, deceased has suffered antemortem injuries also. (ii) Applicant is related as husband of deceased and her wife died under other than normal circumstances within a very short period of five months of her marriage. (iii) So far as argument in regard to testimony of P.W.1 and 2 are concerned since they have supported the prosecution case in their examination-in-chief and any contradictions made in their cross- examination will be subject matter of trial. (iv) Trial Court will take all endeavour to conclude the trial expeditiously preferably within a period of 18 months. 8. Bail application is accordingly rejected." 4. In pursuance of order passed by this Court the learned trial court has submitted the status report dated 27.5.2025 that out of 17 witnesses 3 witnesses have been examined. 5. Learned counsel for applicant submits that applicant is in jail since 21.07.2021 i.e. about just less than four years and by referring the statements of witnesses he submits that in the later part of respective cross examination all the witnesses have stated against the prosecution. 6. Learned counsel for for State submits that all the witnesses in initial parts of the cross examination have supported the prosecution case, however, when they were examined after a month so they have stated something else. He has not disputed that no charge was framed under Section 302 I.P.C. is fit. 7. In the aforesaid circumstances considering the nature of evidence and that applicant is in jail since last about four years and the material witnesses have already been examined, therefore, applicant makes out a case for bail. 8. Accordingly, bail application is allowed. 9. Trial Court will take all endeavour to expedite the trial. 10. Let the applicant- Dharmendra Kumar 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. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 15.7.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad