HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22748 of 2024 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State, Sri Vipin Kumar Dwivedi, learned counsel for the informant and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 20 of 2023, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Iliya, District Chandauli, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 07.05.2017. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby led her to death on 24.02.2023 at about 4 PM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is true that the deceased has expired within the precincts of the house of the applicant. 6. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging but the trial is not moving ahead and it stands still. No witness has been examined till date. There is no criminal history of the applicant. The fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stands violated and Versus Counsel for Applicant(s) : Vijay Prakash Chaturvedi Counsel for Opposite Party(s) : G.A., Jilajeet Singh, Vipin Kumar Dwivedi Sharad Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) there is no likelihood of conclusion of trial in near future. The applicant is languishing in jail since 27.02.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant has informed this Court that the statement of PW1 has been recorded on 30.08.2025 and as such the trial is moving on and the applicant is not entitled for bail. 8. This Court had called for the status of trial from the concerned Trial Court. As per the said status report dated 07.08.2025, no witness has been examined. 9. It is admitted by both the parties that the applicant is languishing in jail since 27.02.2023 and as such the period of incarceration is more than two years. 10. The Supreme Court in the case of Nitish Chauhan vs. State of U.P., AIR 2023 SC 2149, has granted bail to the appellant therein on the ground that the appellant has been in custody for nearly two years four months and only two witnesses had been examined out of twenty six prosecution witnesses. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the statement of PW1 has been recorded, as stated by learned counsel for the informant and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 12. Let the applicant- Sharad Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. BAIL No. 22748 of 2024 2 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2025 #Vik/- BAIL No. 22748 of 2024 3 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad