Neutral Citation No. - 2025:AHC:30915 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23793 of 2024 Applicant :- Ram Gopal Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajai Kumar,Chandrabhan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Ajai Kumar Garg, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 108 of 2019, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station- Shahganj, District- Sonbhadra, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 03.08.2023 on the ground that he is husband of the deceased and his wife died due to burn injury within four years of her marriage and there is also allegation of demand of dowry but he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 28.09.2019 i.e. for last more than five and half years. 5. He further submitted that trial of the case is moving with languid pace and out of 15 witnesses of charge sheet only four could be examined till date and therefore, there is no hope of early disposal of the trial. 6. He further submitted that even from the statement of the mother of the deceased, which was recorded by the trial court during trial, it reflects that at the time of incident, applicant was not present at home. He further submitted that actually applicant did a job in State of Punjab and at the time of incident, he was in State of Punjab. He further submitted that statement of mother of the deceased has been annexed along with supplementary affidavit dated 21.02.2025 filed in support of instant bail application. 7. He further submitted that applicant is not having any criminal history. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of deceased and this is his second bail application but could not dispute the other argument on facts advanced by learned counsel for applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. 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 he is husband of the deceased and his wife died within four years of her marriage due to burn injury and there is also allegation of demand of dowry but from the statement of mother of the deceased recorded before the trial court, it reflects that at the time incident applicant was not present at his home. Even as per applicant, at the time of incident he was in State of Punjab, where he did a job. 11. Record also suggests that in the present matter, applicant is in jail since 28.09.2019 i.e. for last almost five and half years and till date, trial of the case could not be concluded. Considering his long incarceration, a report was called from the court concerned about the current status of trial and from its perusal, it reflects till date four prosecution witnesses could be examined and from the charge sheet, it reflects there are as many as 15 witnesses and, therefore, it appears that there is no hope of early disposal of the trial. 12. Further, right of speedy trial is the fundamental right of an accused and on its violation, even in serious cases, he can be released on bail and considering the fact that there is no material on record, which can suggests that applicant is responsible for delay in trial, it cannot be said that fundamental right of speedy trial of the applicant has not be infringed. 13. Further, applicant is not having any criminal history. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Ram Gopal Verma 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. 17. 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. 18. 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 :- 4.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad