Neutral Citation No. - 2025:AHC:111846 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20121 of 2025 Applicant :- Sanoj Pathak Alias Vineet Kumar Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Bipin Kumar Tripathi, learned counsel for the applicant and Sri Ajay Singh, learned AGA for the State. The instant bail application has been filed seeking release of the applicant-Sanoj Pathak Alias Vineet Kumar Pathak, on bail in Case Crime No. 129 of 2018, under Sections 498-A, 304-B, 302 I.P.C., Police Station Kolhui, District-Mahrajganj, during pendency of the trial. Learned counsel for the applicant submits that the applicant, who is husband of the deceased, has been falsely implicated in the present case and is languishing in jail since 15.06.2018. Learned counsel for the applicant submits that the First Information report was initially lodged under Section 498-A, 304-B and Section 3/4 of Dowry Prohibition Act, against the applicant and four other persons. The deceased who is wife of the applicant is stated to have been burnt with an intention to kill her and stated to have died during treatment. It is further submitted that the marriage between the applicant and the deceased had taken place in the year 2009 but the Gauna took place in the year 2012. The incident is stated to have taken place on 20.04.2018 at about 5.00 p.m. and the First Information Report was lodged after a considerable delay on 09.06.2018 at 22.25 hours without there being any explanation of delay. After investigation charge sheet under Section 306 I.P.C. has been filed. Cognizance order was passed on 18.08.2018. The case was committed to the court of Sessions on 17.09.2018 under Section 306 I.P.C. and the trial was proceeding. The charges were also framed under Section 306 I.P.C. on 03.06.2019. However, the first informant filed an application under Section 319 Cr.P.C. for summoning the other accused persons, who were not charge sheeted after conclusion of the investigation. The said application under Section 319 Cr.P.C. was dismissed by the trial Court on 30.11.2021. However, this court in Criminal Revision No. 326 of 2022 vide order dated 21.02.2022 remanded the matter for fresh consideration of the application under Section 319 Cr.P.C. The trial Court again proceeded to dismiss the application under Section 319 Cr.P.C. vide order dated 16.08.2022 and revision filed against the same was also dismissed. The informant thereafter moved an application No. 38 Kha for alteration of the charges against the accused applicant under section 498-A, 304-B, and 302 I.P.C. which application was allowed by the trial Court vide order dated 07.12.2023 and accordingly the charge under Section 306 I.P.C. was amended under section 498-A, 304-B and 302 I.P.C. and Section 4 of Dowry Prohibition Act. Learned counsel for the applicant has pressed the present bail application mainly on the ground of period of incarceration and delay being occasioned in the trial. He submits that the applicant is confined in jail since 15.06.2018, for more than period of seven years and the trial is still pending and remaining witnesses are not responding for the last more than one year. The applicant has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned AGA has opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Sanoj Pathak @ Vineet Kumar Pathak, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 8.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad