Neutral Citation No. - 2025:AHC:17548 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22544 of 2024 Applicant :- Rajendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Sharma,Shiv Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kamlakar Pal, Advocate holding brief of Sri Satyendra Sharma, learned counsel for the applicant and Sri R.N. Mishra, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 134 of 2023, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station- Maharajpur, District- Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court on 26.9.2023 after considering the fact that applicant is husband of the deceased and his wife died within a year of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but he is pressing the instant second bail application on the ground that as per post mortem report, the deceased died to hanging therefore, prima faice it appears to be a case of suicidal death and applicant is in jail in the present matter since 28.05.2023. i.e. for last more than one and half year. 4. He further submits that parents of the deceased have already been examined and till date except them none of the witnesses could be examined by the trial court. He next submits that in the charge-sheet there are as many as 22 witnesses and therefore, considering the speed of the trial there is no hope of its early disposal. 5. He further submitted that applicant is not having any criminal history. 6. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court after considering the fact that applicant is husband of the deceased and his wife died within a year of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but could not dispute the fact that applicant is in jail since 28.05.2023. i.e. for last more than one and half year and his wife died due to hanging and till date except the parents of the deceased no other witness could be examined by the trial court. 7. Learned A.G.A. further could not dispute the fact that in the charge sheet there are as many as 22 witnesses. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court after considering the fact that applicant is husband of the deceased and his wife died within a year of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but it reflects that applicant is in jail in the present matter since 28.05.2023. i.e. for last more than one and half year. 10. Further postmortem report of the deceased suggest that deceased died due to hanging and considering this fact the argument advanced by learned counsel for the applicant that it appears to be a case of suicidal death cannot be ruled out at this stage. 11. Further, in the charge-sheet it appears that there are as many as 22 witnesses but till date only parents of the deceased could be examined before the trial court therefore, there is no chance of early disposal of the trial. 12. Further, applicant is not having any criminal history. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Rajendra Kumar 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. 16. 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. 17. 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 :- 6.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad